The URL can be used to link to this page

06/25/2019 City of Niagara Falls Agenda City Council Meeting Tuesday, June 25, 2019 @ 5:00 PM Council Chambers Page 1. IN CAMERA SESSION OF COUNCIL - 4:00 PM 1.1. June 25 - Resolution to go In-Camera 12 2. CALL TO ORDER O Canada - Performed by: Jaid Atkinson 3. ADOPTION OF MINUTES 3.1. Council Minutes of June 4, 2019 City Council - 04 Jun 2019 - Minutes - Pdf 13 - 33 4. DISCLOSURES OF PECUNIARY INTEREST Disclosures of pecuniary interest and a brief explanation thereof will be made for the current Council Meeting at this time. 5. MAYOR'S REPORTS, ANNOUNCEMENTS 6. APPOINTMENTS / PRESENTATIONS 6.1. Humane Society - Top Fundraiser Recognition Mayor Diodati and Council, along with Regional Councillor Peter Nicholson would like to recognize 11 year old Piper Hollingsworth for being the top fundraiser for the Humane Society. 6.2. The Ben Harpur Big Game - Ottawa Senators defenseman, Ben Harpur, will be present to speak to his charity Ball Hockey Tournament 34 Page 1 of 380 being held at the Gale Centre on Friday July 19, 2019. Ben Harpur - Big Game 6.3. Niagara Region Presentation - Transportation Services (Presentation added) Frank Tassone, Associate Director, Transportation Engineering and Carolyn Ryall, Director, Transportation Services Division, from the Region, will update Council on the Region's 5 year forecast in order for Council to be aware of the projects they are working on in the current term of Council. 2019_Trans Update NF 35 - 57 6.4. Ohnia:kara Aspiring Global Geopark Project Darren Platakis, Acting Chair - Ohnia:kara Aspiring Global Geopark Steering Committee and Phil Davis, Indigenous Culture Liaison, will be presenting to Council an update from the Aspiring Global Geopark Project. RECOMMENDATION: That the matter be referred to staff. Ohnia-kara Aspiring Global Geopark Presentation Geopark Project - NFDelegationDoc NCO 37 OHNIAKARA ASPIRING GEOPARK web FINAL JAN 2019 58 - 103 6.5. Positive Living Niagara (Presentation added) Jackie Barrett-Greene, Manager of Education, Support and Volunteer Services and Wendy Matthews, Coordinator of Volunteer Services, from Positive Living Niagara will give a brief presentation to Council regarding the "Red Scarf Project," which brings HIV awareness to the community through a display of scarves along Queen Street in Niagara Falls. Flag-Raising - Positive Living Niagara - requesting a flag-raising on Thursday, November 28th. RECOMMENDATION: That Council approve the request. Positive Living Niagara - Presentation Positive Living Niagara - Flag Raising Request 104 - 115 Page 2 of 380 6.6. Bickles Hardware & Supply - Deputation and Proclamation Request Dino Fazio will address Council to discuss the upcoming Bickles 100th Anniversary event on August 24th, 2019. Proclamation Request - The proclamation request is to declare August the "Official Month of Bickles Hardware & Supply." Fee Waiver Request - (application forthcoming at next meeting) RECOMMENDATION: That Council approve the request. Bickles - Deputation and Proclamation Request 116 6.7. Ontario Waterpower Association (OWA) (Presentation and charter added) Stephanie Landers, Manager of Community Relations and Public Outreach, will address Council with the intention of Council signing the Ontario Waterpower Champions Charter and to proclaim "Waterpower Day" on June 20, 2019. The presentation will outline the Niagara Falls' communities current waterpower (hydroelctric) assets and the long term sustainable (economic, social and environmental) planning opportunities. RECOMMENDATION: That Council approve the request. City of Niagara Falls - Ontario Waterpower Association - Council Presentation June 25, 2019 Ontario Waterpower Champions Charter Waterpower Day - Proclaimation Wording 117 - 126 7. PLANNING MATTERS 7.1. Public Meeting (Report and presentation added) PBD-2019-39 Final MHBC Boarding House Study Additional memo and letters added. Kelly Martel, from MHBC Planning Urban Design & Landscape Architecture, will be making a presentation to Council. 127 - 185 Page 3 of 380 0947D - Niagara Boarding House Study - Council Presentation 06.21.19 PBD-2019-39, Final Report Boarding House Study PBD-2019-39, Appendix 1-Draft OPA No. 134 PBD-2019-39, Appendix 2-Draft ZBA for SRO PBD-2019-39, Appendix 3-Site specific zba for SRO PBD-2019-39, Appendix 4-Draft SRO Licencing Bylaw AM-2019-005, Federow Comments (PBD-2019-39) AM-2019-005, MHBC Memo (PBD-2019-39) LLBIA Comments to Council Re - City of Niagara Falls - PBD-2019-39, Final MHBC Boarding House Study VCBIA Comments to Council 2019_03_19 LTR from Ross Hicks and Janice Opie AM-2019-005 Fallsview BIA -letter to council - Single rental occupancy 7.2. Public Meeting PBD-2019-43, Amendment to the Lundy's Lane Community Improvement Plan and Improvement Plan Area Boundary Applicant: City of Niagara Falls PBD-2019-43, Amendment to the Lundy's Lane Community Improvement Plan and Improvement Plan Area Boundary PBD-2019-43, Appendix B PBD-2019-43, Appendix C 186 - 192 8. REPORTS / PRESENTATIONS 8.1. F-2019-21 Insurance Renewal Report F-2019-21- Insurance Renewal Report 193 - 195 Page 4 of 380 F-2019-21 - Attachment 8.2. HR-2019-03 Ontario Living Wage Network Initiative HR-2019-03 Review of Ontario Living Wage Network Initiative June 2019 196 - 199 8.3. MW-2019-16 2019 Playground Improvement Program Supply and Installation of Playground Equipment MW -2019-16 - 2019 Playground Improvement Program - Playground Equipment Award MW -2019-16 - Attachment 1 - Location Map 200 - 203 8.4. MW-2019-17 Asset Management Policy MW -2019-17 - Asset Management Policy MW -2019-17 - Attachment 1 - Asset Management Policy - 340.01 204 - 214 8.5. PBD-2019-38 (Report Added) Overview of Proposed Amendments Bill 108 (More Homes, More Choices Act) PBD-2019-38, Overview of Proposed Amendments-Bill 108 PBD-2019-38, Attachment 215 - 237 8.6. PBD-2019-41 (Report Added) Decorative Entrance Features & Walls in New Subdivisions City Policy PBD-2019-41, Decorative Entrance Features in New Subdivisions 238 - 242 8.7. R&C-2019-14 Gale Centre Emergency Repair R&C-2019-14-Gale Centre Repair 243 - 245 Page 5 of 380 R&C-2019-14-Attachment #1 Gale Centre DHW Tanks Budget Sheet 9. CONSENT AGENDA The consent agenda is a set of reports that could be approved in one motion of council. The approval endorses all of the recommendations contained in each of the reports within the set. The single motio n will save time. Prior to the motion being taken, a councillor may request that one or more of the reports be moved out of the consent agenda to be considered separately. F-2019-26 Monthly Tax Receivables Report – May F-2019-26- Tax Receivables Monthly Report (May) F-2019-26- Attachment 246 - 249 F-2019-27 2019 Schedule of Fees for Services F-2019-27 2019 Schedule of Fees F-2019-27 Attachment - Sched of Fees 250 - 282 F-2019-28 Low Income Seniors’ Water and Property Tax Rebate F-2019-28 Low Income Senior' Water and Property Tax Rebate 283 - 284 HR-2019-04 Cooling Stations during Heat Advisories HR-2019-04 Cooling Stations June 2019 HR-2019-04 Attachment - indoor-cooling-centre-map-final HR-2019-04 Attachment - outdoor-cooling-centre-final 285 - 288 Page 6 of 380 PBD-2019-40 PLC-2019-003, Request for Removal of Part Lot Control Blocks 294, 297 and 299-301 (inclusive) in Plan 59M-463 Warren Woods Phase 5A Plan of Subdivision Applicant: GP Empire Communities (Niagara) Ltd. PBD-2019-40, PLC-2019-003 Request for Removal of Part Lot Control, Warren Woods Phase 5A 289 - 296 10. COMMUNICATIONS AND COMMENTS OF THE CITY CLERK 10.1. Street Re-Naming Request Nemanja Jevremovic and Borislav Zivkovic, members of the Serbian Community, requesting Council (via letter attached) to rename Bender Street to Nikola Tesla Way. Two Additional Letters added : Street Naming Request - Bender Hill RECOMMENDATION: That the matter to be referred to Staff. Street Naming Request - Nikola Tesla Way Street Naming Request - Bender Hill Street Naming - Sirianni (2nd response) Street Naming Request - Bender Hill 2 Stree Naming - Letter - Westhues 297 - 303 10.2. Niagara Region - Niagara Regional Housing Quarterly Report RECOMMENDATION: That Council receive the report for information. NRH 7-2019 1st Q Rpt Munic 304 - 322 10.3. Ash Trees in the Town of Fort Erie and Region of Niagara RECOMMENDATION: For the information of Council. Region-Ash Trees-Motion-May22 323 - 324 10.4. Issuance of Cannabis Licenses in Residentially Zoned Areas 325 Page 7 of 380 RECOMMENDATION: For the information of Council. Trudeau-Canabis Licences in Residential Zone-Motion-May22 10.5. Noise By-law Exemption - Summer Blues in the Park Requesting Council to make an exemption to the City's Noise By-law asking for it to be changed to 10:30 pm for the Summer Blues in the Park series on Thursday nights (From 2nd Tuesday in June until the last Thursday in September, 2019). Tansu Barker, a local resident would like to speak to the matter. RECOMMENDATION: For the Consideration of Council. Noise By-law Exemption - Summer Blues in the Park Tansu Barker - Correspondence 326 - 328 10.6. Noise By-law Exemption - Request from organizers from Summer Daze BBQ Classic Summer Daze BBQ Classic will be held at Fireman's Park on August 24th & 25th, 2019 and organizers are seeking an exemption from Council to the City's Noise By-law for the playing of live music outdoors until 11 pm each night. RECOMMENDATION: For the Consideration of Council. Noise By-law Exemption - Summer Daze BBQ Classic 329 10.7. Noise By-law Exemption and Special Occasion Permit Request from Chippawa Volunteer Firefighters Association seeking an exemption from Council to the City's Noise By-law for the playing of live music outdoors during the Annual SPN Slo-Pitch Tournament and Street Dance, which is taking place at the Chippawa Lions Park on Saturday, July 13th, 2019. The request is to ask for an extension to midnight for this event. Also requesting that the City declare the annual event as "municipally significant" in order to assist with obtaining a Special Occasion Permit. RECOMMENDATION: For the Consideration of Council. Noise By Law Extension Request 2019 CVFA 330 - 331 Page 8 of 380 Map Lions Park July 2019 10.8. Clifton Hill BIA - Requesting approval of the 2019 budget. RECOMMENDATION: That Council approve the Clifton Hill BIA 2019 Budget. Clifton Hill BIA 2019 Budget 332 10.9. Association of International Horticultural Producers (AIPH) Expo 2025 Correspondence sent offering an opportunity for municipalities to participate in the Expo in 2025. RECOMMENDATION: Refer to Staff for a report. Hamilton AIHP deck Delegation Request - AIPH Expo 2025 (2) 333 - 341 10.10. Niagara Region - Report PHD 09-2019 respecting Amendment to Outdoor Second-hand Smoking and Vaping By-law RECOMMENDATION: That the Council of the City of Niagara Falls consents consents to the passage of By-law No.2019-52 of The Regional Municipality of Niagara, being a by-law to amend By-law 112- 2013 - A Regional By-law to Protect Children and Vulnerable Persons from Exposure to Outdoor Second-hand Smoke. CLK-C 2019-160 Amended Smoking By-law 342 - 359 11. RATIFICATION OF IN-CAMERA 12. RESOLUTIONS (Resolution No.5 added) 12.1. No. 4 - Resolution Interim Control By-law 360 12.2. No. 5 - Demand for Payment from City of Niagara Falls 361 13. BY-LAWS Page 9 of 380 The City Clerk will advise of any additional by-laws or amendments to the by-law listed for Council consideration. 2019-72 - A by-law to fees and charges for various services, licences and publications for the City of Niagara Falls. 2019 Schedule of Fees By-law 6.25.19 362 2019-73 - A by-law to amend By-law No. 79-200, to permit the use of the Lands for detached dwellings (AM-2018-019). AM-2018-019 By-law AM-2018-019 Schedule 363 - 364 2019-74 - A by-law to amend By-law No. 79-200, as amended by By-law No. 2003-46, to recognize the existing industrial use on the Lands (AM- 2018-025). AM-2018-025 By-law AM-2018-025 Schedule 365 - 366 2019-75 - A by-law to amend By-law No. 79-200, to recognize the existing duplex on a portion of the Lands and permit a detached dwelling on the balance of the Lands (AM-2019-002). AM-2019-002 By-law AM-2019-002 Schedule 367 - 369 2019-76 - A by-law to prohibit certain uses of land in the area of the City of Niagara Falls regulated by Zoning By-law No. 79-200, as amended, Willoughby By-law No. 395/66, as amended, and Crowland By-law No. 1538/1958, as amended. Interim Control By-law - Cultivation, Production or Processing of Cannabis 370 2019-77 - A by-law to amend By-law No. 89-2000, being a by-law to regulate parking and traffic on City Roads. (Stop Signs at Intersections, Yield Signs at Intersections, Parking Prohibited) 371 - 372 Page 10 of 380 June 25 - Ailanthus Ave, Church's Lane, Moretta Dr 2019-78 - A by-law to designate Blocks 294, 297 and 299-301 (inclusive), Registered Plan 59M-463, not be subject to part-lot control (PLC-2019-003). PLC-2019-003 By-law 373 2019-79 - A by-law to authorize the execution of an Assignment and Amending Agreement with Venerino V.P. Panici Architect Inc. and Whiteline Architects Inc., respecting the assignment and amendment of the architectural services agreement for the new fire station project. Execution of Assignment and Amending Agreement - Venerino V.P. Panici Architect Inc. and Whiteline Architects Inc. - New Fire Station Project 374 - 379 2019-80 - A by-law to adopt, ratify and confirm the actions of City Council at its meeting held on the 25th day of June, 2019. 06 25 19 Confirming By-law 380 14. NEW BUSINESS 15. ADJOURNMENT Page 11 of 380 The City of Niagara Falls, Ontario Resolution June 25, 2019 Moved by: Seconded by: WHEREAS all meetings of Council are to be open to the public; and WHEREAS the only time a meeting or part of a meeting may be closed to the public is if the subject matter falls under one of the exceptions under s. 239(2) of the Municipal Act, 2001. WHEREAS on June 25, 2019 Niagara Falls City Council will be holding a Closed Meeting as permitted under s. 239(2)(d) and 239(2)(f) of the Act, to discuss labour relations or employee negotiations as well as for advice that is subject to solicitor-client privilege; and THEREFORE BE IT RESOLVED that on June 25, 2019 at 4:00 p.m., Niagara Falls City Council will go into a closed meeting, prior to their regularly scheduled meeting at 5:00 p.m., to consider matters that fall under s. 239(2)(d), labour negotiations, as well as s. 239(2)(f), advice that is subject to solicitor-client privilege related to properties within the Niagara South Condominium 98. AND The Seal of the Corporation be hereto affixed. WILLIAM G. MATSON JAMES M. DIODATI CITY CLERK MAYOR Page 12 of 380 MINUTES City Council Meeting Tuesday, June 4, 2019 Council Chambers 5:00 PM COUNCIL PRESENT: Mayor Jim Diodati, Councillor Wayne Campbell, Councillor Carolynn Ioannoni, Councillor Vince Kerrio, Councillor Victor Pietrangelo, Councillor Mike Strange, Councillor Wayne Thomson, Councillor Chris Dabrowski, and Councillor Lori Lococo COUNCIL ABSENT: COUNCIL LATE: 1. IN CAMERA SESSION OF COUNCIL - 3:30 PM 1.1. In-Camera Resolution ORDERED on the motion of Councillor Mike Strange, Seconded by Councillor Chris Dabrowski that Council enter into an In-Camera session. Carried Unanimously 2. CALL TO ORDER O Canada - Performed by: The River View Choir 3. ADOPTION OF MINUTES 3.1. Council Minutes of May 14, 2019 ORDERED on the motion of Councillor Vince Kerrio, Seconded by Councillor Wayne Campbell that the minutes of May 14, 2019 be approved as recommended. Carried Unanimously 4. DISCLOSURES OF PECUNIARY INTEREST Page 1 of 21 Page 13 of 380 City Council June 4, 2019 Disclosures of pecuniary interest and a brief explanation thereof will be made for the current Council Meeting at this time. a) Councillor Strange indicated a pecuniary interest, cheque number 426536 made payable to himself. b) Councillor Pietrangelo indicated a pecuniary interest, cheque number 00219-0003 and cheque number 00216-0003, both payable to his employer, the Niagara Catholic District School Board. c) Mayor Diodati indicated a pecuniary interest, cheque number 426225, made out to himself. d) Councillor Lori Lococo indicated a pecuniary interest, cheque number 426321 (dated: April 25, 2019 for $24,866.67) and cheque number 426668 (dated: May 8, 2019 for $1449.87. e) Councillor Carolynn Ioannoni indicated a pecuniary interest, cheque number: 42629 and cheque number: 426654, both payable to herself. 5. MAYOR'S REPORTS, ANNOUNCEMENTS a) Mayor Diodati extended condolences on the passing of Daniel Lodboa, father of Chris Lodboa, who is a volunteer firefighter at Station 4; Mark Simmonds, father-in-law of Teresa Simmonds, Communications Officer and David Harold Ross, brother of Phil Ross of Fire Services. b) Mayor Diodati would like to offer congratulations to CAO Ken Todd and his wife, Judy, on the birth of their granddaughter, Annie Catherine Farrell, born earlier on June 4th, weighing 8 lbs, 13 oz. c) Mayor Diodati congratulated Councillor Wayne Campbell and his lovely wife Helga, whom are celebrating 50 years of marriage this week on June 7th. d) Mayor Diodati congratulated Councillor Mike Strange on his induction in to the Canadian Boxing Hall of Fame in May. e) Mayor Diodati welcomed, congratulated and introduced the following Senior Staff who have officially been established in new roles: • Bill Matson, City Clerk • Tiffany Clark, Director of Finance & City Treasurer • Sam Valeo, Director, Building & Municipal Enforcement Services Also welcomed our new Municipal Works Director, Erik Nickel. Page 2 of 21 Page 14 of 380 City Council June 4, 2019 • Erik is an engineer and has worked with the City of Welland since 2008 where he comes from his role as General Manager of Infrastructure and Development Services. • He was born in Niagara Falls and has lived in the Niagara Region all of his life. • He has 2 children, a daughter (11) and a son (13). • He enjoys camping and plans to camp this weekend. f) Mayor Diodati advised of the recent event of the Annual FCM (Federation of Canadian Municipalities) Conference that took place in Quebec City over the past weekend (May 30 - June 2, 2019). The conference was attended by Councillors Lococo, Ioannoni, Campbell, Strange and himself. g) Mayor Diodati advised of the following upcoming events: • Women's Place Book Riot (Wednesday, June 5th from 4:00 - 8:00 PM at the Gale Centre), Canada's biggest and best used book sale. More than just books: cd's, dvd's, games, puzzles and more..... This event supports Women's Place • Niagara Falls Comic Con (Friday, June 7- Sunday, June 9th at the Scotiabank Convention Centre). Tickets online at "nfcomiccon.com." • Niagara for Niagara Mental Health Event and Fundraiser (Sunday, June 9th from 2:00 - 8:00 PM at TAPS Brewery on Queen Street). Proceeds to the Katey Marie Campbell Fund. Live music, raffles and draws. Donations welcome at door. h) Mayor Diodati recognized Councillor Dabrowski for attending the following events: Niagara Industrial Association Showcase; Annual Ching Ming Festival; Goodwill Niagara's 25th Anniversary Flag Raising; Pride Flag Raising and the Fire Department Station 6 Volunteer Recruit Graduation. i) Mayor Diodati recognized Councillor Mike Strange for attending the Ride of Silence Bike event. j) Mayor Diodati recognized Councillor Pietrangelo for attending the following events: Ride of Silence Bike event; Niagara Girls Minor Softball Association 50th Anniversary Opening Ceremonies; Niagara Falls Soccer Club 60th Anniversary Opening Ceremony; Sensei Deborah Toth's Retirement Open House and for presenting a certificate for Loretto Class of 1969 50th Anniversary Reunion. Page 3 of 21 Page 15 of 380 City Council June 4, 2019 k) The next Council meeting is scheduled for Tuesday, June 25th, 2019. 6. APPOINTMENTS / PRESENTATIONS 6.1. MYAC (Mayor's Youth Advisory Committee) - Year End Deputation MYAC co-chairs, Daniel Krowchuk and Chantelle Tran, along with the MYAC team, made their year-end deputation. Daniel and Chantelle, along with Tom Mitchinson, presented the Jim Mitchinson Scholarship Award to Amal Qayum. Waheebah Ahmed and Sarah Chan provided an update from the Giving Back Committee. Jade Bilodeau provided an update from the Just for Fun Committee and Shreeya Patel and Vanessa George provided an update from the Youth Voice Committee. Daniel and Chantelle made 2 other cheque presentations: 1) to the Education Foundation of Niagara, Nicole Smith and 2) to the Niagara Foundation for Catholic Education, Jim Marino 6.2. Cheque Presentation: Millennium Recreation Trail - Rotary StoryWalk Pathway - Naming Request The following Rotarian Presidents asssisted in the the cheque presentation as both Rotary Clubs combined have contributed $75,000 towards the build. In attendance from the Rotary Club of Niagara Falls Sunrise: David Berry, Assistant Governor of Rotary District 7090; BJ Romans, President of the Rotary Club of Niagara Falls Sunrise and Nancy Tkachuk, President Elect of the Rotary Club of Niagara Falls Sunrise. The Rotary Club of Niagara Falls Sunrise contributed $25,000.00. In attendance from the Rotary Club of Niagara Falls Foundation: Ernie Morgan, Secretary; Bruce Henning, Treasurer; Monika Seymour, Board member and John Beyer, Board Member. The Rotary Club of Niagara Falls Foundation contributed $50,000.00. The report recommends that Council approve the request to recognize both the Rotary Club of Niagara Falls Sunrise and the Niagara Falls Rotary Club by naming section five of the Millennium Recreational Trail, the “Rotary StoryWalk® Pathway”. ORDERED on the motion of Councillor Victor Pietrangelo, Seconded by Councillor Vince Kerrio that Council approve the report as recommended. Page 4 of 21 Page 16 of 380 City Council June 4, 2019 Carried Unanimously 6.3. 2021 Canada Summer Games - Niagara Vittoria Wikston and Dr. Barry Wright, on behalf of Doug Hamilton, Chairman of the 2021 Canada Games Host Society, presented to Council a "State of the Games" address by providing information pertaining to the community impact of the 2021 Canada Games. The report recommends the following: 1. That the Mayor and Council be authorized to execute the Niagara 2021 Canada Summer Games Venue Agreement for the use of Oakes Park and Kalar Road Park once the venue agreement has been submitted to staff. 2. That staff report back to Council regarding the W.L. Houck proposed legacy baseball project once the Canada Summer Games legacy projects and funding have been finalized. ORDERED on the motion of Councillor Mike Strange, Seconded by Councillor Victor Pietrangelo that the report be approved as recommended. Carried Unanimously 6.4. Niagara Recycling (Presentation and article added) Norman Kraft, Niagara Recycling's CEO, provided a brief presentation to Council to outline the work their social enterprise does from their Niagara Falls' facility. ORDERED on the motion of Councillor Mike Strange, Seconded by Councillor Wayne Campbell that further information be assembled by staff to pass on to residents regarding recycling. Carried Unanimously 6.5. Day of 1000 Musicians Paul Brockwell and Paul Lemire addressed Council asking for support and endorsement of the upcoming event to be held at the Gale Centre on Saturday, July 20, 2019. Page 5 of 21 Page 17 of 380 City Council June 4, 2019 CD-2019-07 Fee Waiver Applications Day of 1000 Musicians / Oasis Showcase of Arts & Culture The report recommends the following: 1. That Council approve the Fee Waiver Applications for: i. Day of 1000 Musicians event in the amount of $3167.28.00 for the waiver of fees associated with rentals at the Gale Centre. i. Oasis- Showcase of Arts & Culture event in the amount of $400.00 for the road closure labour and materials costs. 2. That Council declare the Oasis Showcase of Arts & Culture as an “Event of Municipal Significance” in order for the requester to obtain a Special Occasion Liquor Licence from the AGCO. ORDERED on the motion of Councillor Lori Lococo, Seconded by Councillor Wayne Thomson that the recommendations in the report be approved and for staff to report back the request for shuttle service and the use of the city-yard parking lot at the Service Centre for overflow parking and that staff promote the event on the City's website. Carried Unanimously 7. PLANNING MATTERS 7.1. Public Meeting (Presentation added) PBD-2019-35 AM-2018-019, Revised Zoning By-law Amendment Application 6666 Mountain Road Applicant: Emilie and Brian Wetherall Agent: Peter Colosimo The report recommends that Council approve the revised Zoning By-law amendment application to rezone the lands Residential 1D Density (R1D) to allow the creation of 10 new lots for detached dwellings. Ken Mech, Manager of Current Planning, gave an overview of the background Page 6 of 21 Page 18 of 380 City Council June 4, 2019 report PBD-2019-35. Peter Colosimo, agent for the applicant, was in attendance to answer questions and to support the recommendations in report. No questions were asked. The Public Meeting was closed. ORDERED on the motion of Councillor Wayne Thomson, Seconded by Councillor Chris Dabrowski that the report be approved as recommended. Carried Unanimously 8. PRESENTATIONS 8.1. Municipal Works Presentation (Presentation forthcoming) Kent Schachowskoj, Infrastructure and Asset Manager, Municipal Works, presented to Council "Introduction to Asset Management." ORDERED on the motion of Councillor Carolynn Ioannoni, Seconded by Councillor Chris Dabrowski that Council receive the presentation made by Kent Schachowskoj, Infrastructure and Asset Manager, Municipal Works. Carried Unanimously (Councillor Pietrangelo absent from the vote) 9. REPORTS 9.1. CAO-2019-08 Funding Request for Walk-in Mental Health Clinic for Youth in Niagara Falls The report recommends the following: 1. That Council approve the request for one-time funding of $20,000 and enter into an agreement to support a new mental health service for youth in Niagara Falls, in partnership with Pathstone Mental Health; and 2. That the City secure a space to hold the clinic in Niagara Falls that will be safe, accessible and ensure patient and family confidentiality. Page 7 of 21 Page 19 of 380 City Council June 4, 2019 ORDERED on the motion of Councillor Carolynn Ioannoni, Seconded by Councillor Lori Lococo that the report be approved as recommended. Carried Unanimously (Councillor Pietrangelo was absent from the vote) 9.2. F-2019-24 OLG Funding Report - Capital Projects The report recommends the following: 1. That Council amend the 2019 Capital Budget to include the additional projects proposed in Attachment 1 totalling $6,134,200 to be funded as follows: Operating $ 72,500 Water 900,000 OLG 3,297,660 Reserves 1,268,800 External 595,240 Total $6,134,200 2. That Council approve the transfer of $479,137 or 2% of the OLG funding to the Future Hospital Reserve Fund. 3. That Council approve the payment of $250,000 of OLG funding to the YMCA as a contribution towards the Phase 2 refresh as presented to Council on May 14, 2019, which included the YMCA’s offer to extend the free track use for Niagara Falls residents to be year round. 4. That Council reconsider the earlier requested recommendation from February 26, 2019 to approve the ordering of one (1) fire tanker in 2019 with payment, funding and delivery to occur in 2020 for a total of $550,000. 5. That staff report back during the summer with a full reconciliation of the OLG reserve under the new agreement to date, including confirmation of spending allocations to date per the Council adopted five key areas of expenditures that funds should be used for. These include: Page 8 of 21 Page 20 of 380 City Council June 4, 2019 1. Property Tax Relief 2. Future Niagara Falls Hospital 3. Capital Asset Investments 4. Economic Development Initiatives 5. NRPS funding. ORDERED on the motion of Councillor Vince Kerrio, Seconded by Councillor Victor Pietrangelo that Council approve recommendations #1, #2 and #5. Carried Unanimously ORDERED on the motion of Councillor Vince Kerrio, Seconded by Councillor Victor Pietrangelo that Council defer recommendation #3 and come back with future information from Staff. Carried Unanimously ORDERED on the motion of Councillor Vince Kerrio, Seconded by Councillor Victor Pietrangelo that Council defer recommendation #4 (approving the order of one (1) fire tanker). Motion defeated (with Councillors Ioannoni, Thomson, Dabrowski, Lococo and Strange opposed. ORDERED on the motion of Councillor Carolynn Ioannoni, Seconded by Councillor Chris Dabrowski that Council approve recommendation #4 from report. Carried Unanimously 9.3. F-2019-25 Development Charges Background Study Jackie Hall, of Hemson Consultants, will be in attendance for questions if necessary. The report recommends the following: 1. THAT Council determines that no further public meeting under Section 12 of the Development Charges Act, 1997, S.O. 1997, c. 27 is necessary with respect to the Development Charges Background Study dated March 29, 2019, as amended (the Page 9 of 21 Page 21 of 380 City Council June 4, 2019 “Study”) or the proposed Development Charge By-law after having considered the submissions received at the public meeting held on April 30, 2019 in connection with the Study and taking into consideration any changes made to the proposed Development Charge By-law following the said public meeting, and further 2. THAT Council determines that the increase in the need for services attributable to the anticipated development as contemplated in the Study including any capital costs, will be met by updating the capital budget and forecast for the City of Niagara Falls, where appropriate, and further 3. THAT Council directs that the future excess capacity identified in the Study shall be paid for by the development charges contemplated in the said Study, or other similar charges, and further 4. THAT Council approves the Study and proposed rate structure in the By-law included in tonight’s agenda. ORDERED on the motion of Councillor Vince Kerrio, Seconded by Councillor Wayne Campbell that Council approve the recommendations in report. Carried Unanimously 9.4. MW-2019-15 Cropp Street Infrastructure Replacements The report recommends that Council approve payment of the City share in the amount of $1,413,769.50 by December 31st, 2019 to be funded from pre-approval of a portion of the 2020 Capital Budget for the Cropp Street and Pettit Avenue Infrastructure Replacements. ORDERED on the motion of Councillor Victor Pietrangelo, Seconded by Councillor Mike Strange that Council approve the recommendation in report. Carried Unanimously 9.5. TS-2019-20 MADD Canada Memorial Sign Request Bob Pieroway and Robin Edwards briefly spoke to the report. Page 10 of 21 Page 22 of 380 City Council June 4, 2019 The report recommends the following: 1. That Council approve the installation of the MADD Canada Memorial Sign on Biggar Road, following the applicant providing all of the required supporting documentation outlined in the Ministry of Transportation, Ontario policy document. 2. That Council approve the sign to be installed for duration no greater than 5-years or until such time that the sign is in poor condition and needs to be removed. ORDERED on the motion of Councillor Victor Pietrangelo, Seconded by Councillor Carolynn Ioannoni that Council approve the recommendations in the report and that staff draft a letter of support to the Region regarding the request for a sign at the Regional intersection of Mountain Road and Taylor Road. Carried Unanimously 10. CONSENT AGENDA The consent agenda is a set of reports that could be approved in one motion of council. The approval endorses all of the recommendations contained in each of the reports within the set. The single motion will save time. Prior to the motion being taken, a councillor may request that one or more of the reports be moved out of the consent agenda to be considered separately. F-2019-22 Monthly Tax Receivables Report – April The report recommends that Council receive the Monthly Tax Receivables report for information purposes. F-2019-23 Municipal Accounts The report recommends that Council approve the municipal accounts totalling Page 11 of 21 Page 23 of 380 City Council June 4, 2019 $31,923,514.20 for the period April 11, 2019 to May 15, 2019. TS-2019-16 Marco Crescent at Moretta Drive Giovina Drive at Emma Street Intersection Control Reviews The report recommends that a stop sign is installed facing traffic south- eastbound on Marco Crescent at Moretta Drive and facing south-westbound on Giovina Drive at Emma Street. TS-2019-17 Ailanthus Avenue – Parking Review The report recommends that parking be prohibited on both sides of Ailanthus Avenue at the three centre median islands between Sunnylea Crescent and Frontenac Street. TS-2019-18 Forestview Boulevard – Speed Control Review The report recommends the following: 1. That the speed control plan consisting of two (2) speed cushions and one (1) raised pedestrian crossover on Forestview Boulevard St Michael Avenue and Parkside Road be approved; and, 2. The construction of the speed cushions and raised pedestrian crossover on Forestview Boulevard is referred to the 2020 Capital Budget deliberations. TS-2019-19 School Crossing Guard Reviews The report recommends the following: That school crossing guard supervision is: Page 12 of 21 Page 24 of 380 City Council June 4, 2019 1. Provided at the intersection of Victoria Avenue and Valley Way for the start of the 2019/2020 school year; 2. Discontinued at the intersection of Drummond Road at Morrison Street at the end of the 2018/2019 school year; and, 3. Discontinued at the intersection of St. Paul Avenue at Church’s Lane immediately. TS-2019-21 Church's Lane at Whirlpool Road Intersection Control Review The report recommends that a stop sign is installed facing eastbound traffic on Church's Land at Whirlpool Road. ORDERED on the motion of Councillor Victor Pietrangelo, Seconded by Councillor Vince Kerrio that the reports are approved as recommended. Carried Unanimously 11. COMMUNICATIONS AND COMMENTS OF THE CITY CLERK 11.1. Lundy's Lane BIA - Requesting approval of the 2019 budget. RECOMMENDATION: That Council approve the LLBIA 2019 Budget. ORDERED on the motion of Councillor Wayne Thomson, Seconded by Councillor Chris Dabrowski that Council approve the LLBIA 2019 Budget. Carried Unanimously 11.2. Main & Ferry BIA - Requesting approval of the Main & Ferry BIA 2019- 2020 budget. RECOMMENDATION: That Council approve the Main & Ferry BIA 2019-2020 budget. Page 13 of 21 Page 25 of 380 City Council June 4, 2019 ORDERED on the motion of Councillor Mike Strange, Seconded by Councillor Chris Dabrowski that Council approve the Main & Ferry BIA 2019-2020 budget. Carried Unanimously 11.3. Ontario Government's Cuts to Ontario Library Services RECOMMENDATION: For the information of Council. Alicia Subnaik Kilgour, CEO/Chief Librarian, spoke to Council and indicated that she would have a report coming forward to Council in July regarding library matters. 11.4. Niagara Falls Public Library - Chippawa Letter attached detailing the library needs at the Chippawa Library location. RECOMMENDATION: That the matter be referred to Staff. ORDERED on the motion of Councillor Lori Lococo, Seconded by Councillor Wayne Thomson that the matter be referred to Staff. Carried Unanimously 11.5. Opposition to Bill 108 Council Resolutions from various municipalities, opposing Bill 108. RECOMMENDATION: Refer to Staff for a report. ORDERED on the motion of Councillor Vince Kerrio, Seconded by Councillor Mike Strange that Council receives and files the correspondence and to have staff report back on the outcome of Bill 108. Carried Unanimously 11.6. Ontario's Housing Supply Action Plan Page 14 of 21 Page 26 of 380 City Council June 4, 2019 Letters from Minister Steve Clark, Minister of Municipal Affairs and Housing RECOMMENDATION: For the information of Council. ORDERED on the motion of Councillor Carolynn Ioannoni, Seconded by Councillor Lori Lococo that the correspondence be received for the information of Council but that staff report back with what other municipalities are doing including the City of Hamilton's "tiny house" initiative. Carried Unanimously ORDERED on the motion of Councillor Wayne Thomson, Seconded by Councillor Carolynn Ioannoni that staff bring a report back to Council on the status of vacation rentals and AirBNB's in the City of Niagara Falls. Carried Unanimously 11.7. Athletics Niagara - Oakes Park RECOMMENDATION: That the matter be referred to Staff. ORDERED on the motion of Councillor Chris Dabrowski, Seconded by Councillor Mike Strange that the matter be referred to staff for a report back to Council. Carried Unanimously 11.8. Regional Niagara - Various Correspondence RECOMMENDATION: For the information of Council. ORDERED on the motion of Councillor Wayne Campbell, Seconded by Councillor Vince Kerrio that the correspondence be received and filed by Council. Carried Unanimously Page 15 of 21 Page 27 of 380 City Council June 4, 2019 11.9. Niagara District Airport Commission - Appointment of Auditors for 2019 As per the Municipal Operating Agreement, the Commission is seeking approval of Council that the audit firm of Crawford, Smith & Swallow be appointed as auditors for the 2019 financial year. RECOMMENDATION: That Council approve of the appointment of Crawford, Smith & Swallow as the external auditor of record for the Niagara District Airport Commission during the 2019 financial year. ORDERED on the motion of Councillor Wayne Thomson, Seconded by Councillor Lori Lococo that Council approve the appointment of Crawford, Smith & Swallow as the external auditor of record for the Niagara District Airport Commission during the 2019 financial year. Carried Unanimously 11.10. Flag-Raising - Filipino-Canadian Association of Niagara is requesting a flag-raising ceremony on Wednesday, June 12, 2019 to recognize and celebrate the Philippines Independence Day to commemorate this important event. RECOMMENDATION: That Council approve the request. ORDERED on the motion of Councillor Mike Strange, Seconded by Councillor Wayne Campbell that Council approve the request by holding a flag raising ceremony on Wednesday, June 12, 2019 in recognition and celebration of the Philippines Independence Day to commemorate this important event. Carried Unanimously 11.11. Proclamation Request - Stamford Kiwanis Club Stamford Kiwanis Club of Niagara Falls will be celebrating its 60th (Diamond) Anniversary in June. The proclamation request is to recognize June as "Stamford Kiwanis Month" in the City of Niagara Falls. RECOMMENDATION: That Council approve the request. ORDERED on the motion of Councillor Lori Lococo, Seconded by Councillor Chris Dabrowski that Council approve the request by declaring the month of June as “Stamford Kiwanis Month.” Page 16 of 21 Page 28 of 380 City Council June 4, 2019 Carried Unanimously 11.12. Flag-Raising and Proclamation Request - National Access Awareness Week - 2019 On behalf of the Mayor's Accessibility Advisory Committee, the committee has requested the week of May 28 to June 3, 2019 be officially proclaimed as "National Accessibility Awareness Week." Also requesting the flag to be raised on May 28, 2019 and flown until June 3, 2019 in recognition of the efforts of Canadians who are actively removing barriers and ensuring persons with disabilities have an equal chance to participate in all aspects of Canadian society. RECOMMENDATION: That Council approve the request. ORDERED on the motion of Councillor Victor Pietrangelo, Seconded by Councillor Mike Strange that Council approve the request by declaring the week of May 28 –June 3, 2019 as “National Accessibility Awareness Week and approved request for a flag raising on May 28th, 2019 and flown until June 3, 2019 in recognition of the efforts of Canadians who are actively removing barriers and ensuring persons with disabilities have an equal chance to participate in all aspects of Canadian society.” Carried Unanimously 11.13. NPCA - Niagara Region Motion RECOMMENDATION: That Council submit the name of one (1) representative as their recommendation to the Niagara Region to be appointed as the community representative on the Niagara Peninsula Conservation Authority Board. ORDERED on the motion of Councillor Victor Pietrangelo, Seconded by Councillor Vince Kerrio that Rick Brady be appointed as the City’s representative to the Niagara Peninsula Conservation Authority Board for the remainder of the 2019-2022 term. Carried Unanimously 11.14. Audit and Accountability Fund RECOMMENDATION: For consideration of Council. Page 17 of 21 Page 29 of 380 City Council June 4, 2019 ORDERED on the motion of Councillor Carolynn Ioannoni, Seconded by Councillor Wayne Thomson that staff contact the province with Council's intention to apply with a free audit. Carried Unanimously 12. RATIFICATION OF IN-CAMERA 13. BY-LAWS The City Clerk will advise of any additional by-laws or amendments to the by- law listed for Council consideration. (2 additional by-laws added) 2019- 63 - A by-law to authorize the payment of $31,923,514.20 for General Purposes. 2019- 64 - A by-law to authorize the appointment of Tiffany Clark to the position of City Treasurer. 2019- 65 - A by-law to authorize the execution of a Purchase of Service Agreement with the Regional Municipality of Niagara with respect to the provision of services for the administration, inspection and enforcement of adult entertainment establishments and body rub parlours within the Niagara Region. 2019- 66 - A by-law to amend By-law No. 79-200 to place additional portions of the Lands under a site specific Extractive Industrial (EI) zone that permits a waste disposal site and associated renewable natural gas facility, to place a watercourse and valley on a portion of the Lands under an Environmental Protection Area (EPA) zone, to make the use of the whole of the Lands subject to the site specific regulations contained in By-law Nos. 81-181, 92-21 and 2007-91 and to repeal By-law Nos. 81- 181 and 2007-91 (AM-2019-001). 2019- 67 - A by-law to amend By-law No. 79-200, to permit the use of the Lands for a semi-detached dwelling (AM-2019-003). 2019- 68 - A by-law to amend By-law No. 80-114, being a by-law to designate private roadways as fire routes along which no parking of vehicles shall Page 18 of 21 Page 30 of 380 City Council June 4, 2019 be permitted. 2019- 69 - A by-law to establish Development Charges for the City of Niagara Falls. 2019- 70 A by-law to amend By-law No. 2019-17, being a by-law to provide for Council Member appointments to certain Boards, Commissions and Committees. 2019- 71 - A by-law to adopt, ratify and confirm the actions of City Council at its meeting held on the 4th day of June, 2019 ORDERED on the motion of Councillor Victor Pietrangelo, Seconded by Councillor Mike Strange that the by-laws be read a first, second and third time and passed. Carried Unanimously 14. NEW BUSINESS a) Letter of Appreciation - John and Marcy McCall ORDERED on the motion of Councillor Victor Pietrangelo, Seconded by Councillor Wayne Thomson that a letter of appreciation and thanks be sent from the Mayor and Council to John and Marcy McCall MacBain, acknowledging their generous donation of giving seven Niagara Falls High School grads a combined $32,000.00 over four years to pursue their undergraduate degrees. Additionally, they gave eight students from the city's five high schools grants of $1000.00 each towards university. Carried Unanimously b) Mount Carmel Marker Wall - Letter of Appreciation to Stewart Branscombe ORDERED on the motion of Councillor Victor Pietrangelo, Seconded by Councillor Vince Kerrio that staff send a letter of appreciation to Stewart Branscombe, President of River Realty, for covering the costs to rebuild and replace the crumbling brick walls that announce the Mount Carmel subdivision, sparing the homeowners the cost of maintenance; and that Page 19 of 21 Page 31 of 380 City Council June 4, 2019 staff report back on how maintenance of these types of walls will be carried out in the future. Carried Unanimously c) Trailers - Parking in driveways ORDERED on the motion of Councillor Victor Pietrangelo that the Acting CAO, Trent Dark, come back with an update on trailers parked in driveways. Carried Unanimously d) Tall Grass Complaints - Enforcement ORDERED on the motion of Councillor Victor Pietrangelo, Seconded by Councillor Wayne Campbell that staff come back with a report outlining the current policies that are enforced regarding tall grass complaints and provide strategies and suggestions as to how to streamline the process while maintaining good customer service. Carried Unanimously e) Niagara Falls Tourism ORDERED on the motion of Councillor Wayne Thomson, Seconded by Councillor Victor Pietrangelo that resolution be sent to NFT stating that City Council representatives have a minimum of 2 votes on the NFT board. Carried Unanimously f) Tactile Warning Plates- City of Niagara Falls ORDERED on the motion of Councillor Carolynn Ioannoni, Seconded by Councillor Chris Dabrowski that Council requests a staff report to provide other options for tactile warning plates on sidewalks in Niagara Falls. Carried Unanimously Page 20 of 21 Page 32 of 380 City Council June 4, 2019 g) Special Closed Council Meeting ORDERED on the motion of Councillor Victor Pietrangelo, Seconded by Councillor Carolynn Ioannoni that Niagara Falls City Council will be going into a Closed Meeting on Thursday, June 6, 2019 at 4:00 PM to consider matters that fall under Section 239 (2) (f), advice that is subject to solicitor-client privilege related to properties within Niagara-South Condominium 98. Carried Unanimously 15. ADJOURNMENT a) Adjournment ORDERED on the motion of Councillor Lori Lococo, Seconded by Councillor Mike Strange that the meeting be adjourned. Carried Unanimously Mayor City Clerk Page 21 of 21 Page 33 of 380 6/21/2019 Ben Harpur https://www.facebook.com/276833092978884/photos/a.287123475283179/356023965059796/?type=3&theater 1/1 T o see what he shares with friends, send him a friend request.2 Mutual Friends Add Friend Privacy · T erms · Advertising · · Cookies · More Facebook © 2019 Intro Lives in Niagara-On-The-Lake, OntarioFrom Niagara-On-The-Lake, Ontario Photos Friends · 2 Mutual Friends Shawn Duff Robbie Dee English (US) · Français (Canada) · Español · Português (Brasil) · Deutsch Ad Choices Ben Harpur The Ben Harpur Big Game Registrations will close July 1st for The Ben Harpur Big Game in Niagara Falls, ON. This event is an all day ball hockey tournament for kids between the ages of... See More June 17 at 10:25 AM · June 17 at 8:55 AM · 1 111 1 Comment 1 Share Comment Share W rite a comment... Ben Harpur T o all the generous people and businesses that have inquired about my upcoming charity event in Niagara Falls this summer , The Ben Harpur Big Game is a charity ball hockey tournament being held on July 19th at the Gale Centre. W e are looking for team sponsors to help support a great cause in Canadian T ire Jumpstart. W e have made this a FREE event for the 40 teams of kids to play and enjoy their day with their friends and some of their favourite pro May 2 · Like Chat Billy Home Create Search Registrations will close July 1st for The Ben HarpurBig Game in Niagara Falls, ON.This event is an all day ball hockey tournament forkids between the ages of 7-14, with special NHLhockey players playing in the BIG Game against topfundraisers and randomly selected kids.Date: Friday July 19th 2019 Location: Gale CentreCity: Niagara FallsHost: Ottawa Senators Defensemen Ben HarpurCharity: Canadian T ire Jumpstart Inquire today: www .TheBenHarpurBigGame.co m W e are looking for kids teams as well as sponsors that want to get involved. The Ben Harpur Big GameLike This Page · June 17 · Most Relevant 38 38 2 Comments 22 Shares Comment Share · Reply · 1d Al Boynto W e still have team spaces available!!! Like · Reply · 1d yLike Page 1Like W rite a comment... Like Page 34 of 380 Transportation Services – Capital Projects 5 Year Overview Page 35 of 380 Agenda 1-5 Year Capital Forecast 10 Year Capital Outlook Regional Vision Page 36 of 380 Capital Budget Allocation Niagara Region’s Capital Budget is broken down into four (4) main areas: Network Expansion Intersection Improvement Program Roads Rehabilitation Program Structure Rehabilitation Program Page 37 of 380 1-5 Year Capital Forecast Regional Road 49 McLeod Road ) RR49 (McLeod Road) looking west at Merritt Avenue •Phase 2: Road widening from Hydro Canal to Wilson Crescent RR49 (McLeod Road) looking east at Drummond Road •Intersection improvements at Drummond Road Page 38 of 380 1-5 Year Capital Forecast RR49 (McLeod Road) looking west to RR102 (Stanley Avenue) Regional Road 49 McLeod Road Pumping Station ) •Pumping Station Improvements Page 39 of 380 1-5 Year Capital Forecast RR57 (Thorold Stone Road) looking west at RR98 (Montrose Road) Regional Road 57 Thorold Stone Road ) •Intersection improvements at Montrose Road Page 40 of 380 1-5 Year Capital Forecast RR57 (Thorold Stone Road) looking east at Cardinal Drive Regional Road 57 Thorold Stone Road ) •Intersection Improvements at Cardinal Drive RR57 (Thorold Stone Road) looking east at Dorchester Road •Intersection Improvements at Dorchester Road Page 41 of 380 1-5 Year Capital Forecast RR57 (Thorold Stone Road) looking east at RR102 (Stanley Avenue) Regional Road 57 Thorold Stone Road Extension East of RR102 (Stanley Avenue) ) •Road extension Page 42 of 380 1-5 Year Capital Forecast RR43 (Bridge Street) looking east from Crysler Avenue Regional Road 43 Bridge Street from Victoria Avenue to Erie Avenue ) •Road rehabilitation Page 43 of 380 1-5 Year Capital Forecast RR98 (Montrose Road) looking south at Charnwood Avenue •Road Reconstruction Regional Road 98 Montrose Road From Charnwood Avenue to RR49 (McLeod Road) ) Page 44 of 380 1-5 Year Capital Forecast Montrose Road Culvert Rehabilitation Montrose Road Culvert – looking south Montrose Road Culvert – east elevation Page 45 of 380 1-5 Year Capital Forecast RR20 (Lundy’s Lane) looking east at Dorchester Road Regional Road 20 Lundy’s Lane ) •Intersection improvements at Dorchester Road RR20 (Lundy’s Lane) looking east from RR98 (Montrose Road) •Road rehabilitation from Highland Avenue to RR98 (Montrose Road) Page 46 of 380 1-5 Year Capital Forecast Hydro Canal Bridge North Structure Rehabilitation Hydro Canal Bridge North – looking west Hydro Canal Bridge North – North elevation looking west Page 47 of 380 1-5 Year Capital Forecast RR47 (Lyon’s Creek Road) looking west at RR98 (Montrose Road) Regional Road 47 Lyon’s Creek Road At RR98 (Montrose Road) ) •Intersection improvements Page 48 of 380 1-5 Year Capital Forecast RR116 (Sodom Road) looking south to Mann Street Regional Road 116 Sodom Road from RR47 (Lyon’s Creek Road) to Willick Road ) •Road reconstruction Page 49 of 380 1-5 Year Capital Forecast Stanley Avenue Bridge Structure Rehabilitation Stanley Avenue Bridge – looking south Stanley Avenue Bridge – west elevation Page 50 of 380 1-5 Year Capital Forecast Ontario Avenue / Highway 420 Bridge Structure Rehabilitation Ontario Avenue / Highway 420 Bridge – looking west Ontario Avenue / Highway 420 Bridge – south elevation Page 51 of 380 1-5 Year Capital Forecast Victoria Avenue / Highway 420 Overpass Structure Rehabilitation Victoria Avenue– looking south Victoria Avenue/Hwy 420 Overpass– west elevation Page 52 of 380 6-10 Year Capital Forecast RR49 (McLeod Road) looking west at Drummond Road Regional Road 49 McLeod Road ) •Phase 3: Road widening from Wilson Crescent to RR102 (Stanley Avenue) Page 53 of 380 6-10 Year Capital Forecast RR70 (Townline Road) looking north to Barron Road Regional Road 70 Townline Road from RR49 (McLeod Road) to RR20 (Lundy’s Lane) ) •Road reconstruction Page 54 of 380 6-10 Year Capital Forecast RR102 (Stanley Avenue) looking north from Forsythe Street Regional Road 102 Stanley Avenue from Highway 420 to Ferry Street ) •Road reconstruction Page 55 of 380 Regional Vision Complete Streets 6 Typologies Regional Wayfinding Safety Initiatives Niagara Escarpment Crossing Developments Page 56 of 380 Thank-you Page 57 of 380 Ohnia:kara… “The neck between two bodies of water” Page 58 of 380 INTRODUCTIONS Darren Platakis, Founder/CEO, Geospatial Niagara – Ohnia:kara Steering Committee Phil Davis, Indigenous Culture Liaison – Ohnia:kara Steerting Committee Ian Lucas, Board Secretary, Geospatial Niagara – Ohnia:kara Steering Committee Page 59 of 380 Thank you for having us Page 60 of 380 What is a geopark? “…. a single, unified geographical area, where sites and landscapes of international geological significance are managed with a holistic concept of protection, education and sustainable development …” - UNESCO Page 61 of 380 What is a geopark? “Their bottom-up approach of combining conservation with sustainable development while involving local communities is becoming increasingly popular.” - UNESCO Page 62 of 380 What is a geopark? “…are living, working landscapes with exceptional geological heritage where science and local communities engage in a mutually beneficial way.” UNESCO (2015) Page 63 of 380 What is a geopark? “…those special places around the world that not only tell part of the history of the planet but also celebrate how our geological heritage is linked to all other types of heritage. This forms the basis of community empowerment and the promotion of the area’s sustainable economic development. - Patrick McKeever Former UNESCO Chief of Section for Earth Sciences and Geohazard Risk Reduction – Secretary of the International Geoscience Programme Page 64 of 380 2010 2018 2014 Page 65 of 380 Discovery Aspiring Geopark Cliffs of Fundy Aspiring Geopark Page 66 of 380 Niagara’s Aspirations Page 67 of 380 UNESCO Global Geopark Pillars Education Cultural Awareness Sustainable Responsible Tourism Geoconservation / Geotourism Page 68 of 380 Why Niagara? Page 69 of 380 Why Niagara? https://www.niagarathisweek.com/news-story/3278563- welland-mastodon-makes-home-at-royal-ontario-museum/ Page 70 of 380 Why Niagara? Page 71 of 380 Why Niagara? Page 72 of 380 Why Niagara? Page 73 of 380 Why Niagara? Page 74 of 380 Why Niagara? Wikimedia.com Darren Platakis Page 75 of 380 Why Niagara? Attractionsontario.ca Cliftonhill.com Page 76 of 380 Why Niagara? Tunneltalk.com niagarafallsreview.ca niagarafallsreview.ca Page 77 of 380 Why Niagara? Gobeweekly.com Niagarafallsmuseum.ca Page 78 of 380 Application Dossier ●Formal self-evaluation ●Application to Canadian Committee (Dec 2020- March 2021 ●Canadian committee review – site visit summer 2021 ●Update with recommendations 2022 ●Operational for one year 2021-2022 ●Negotiate final submission to UNESCO - Nov 2022 ●UNESCO review – Summer 2023 ●UNESCO designation - 2024 Page 79 of 380 Awareness/Promotional Opportunities 2020 - 10th International Cool Climate Wine Symposium 2021 - Canada Summer Games 2024 - Total Solar Eclipse 2026 - World Cup Page 80 of 380 Thank you for your time Page 81 of 380 Page 82 of 380 Questions Page 83 of 380 Answers to FAQs 1.NOT a legislative boundary - No land use restrictions. 2.No restrictions on any economic activity inside the Global Geopark where activity complies with indigenous, local, regional, provincial and national legislation. Page 84 of 380 Answers to FAQs Geo-tourism “Geotourism is defined as tourism that sustains or enhances the distinctive geographical character of a place—its environment, heritage, aesthetics, culture, and the well-being of its residents.” National Geographic Page 85 of 380 Answers to FAQs Our Ask... 1)We are seeking written endorsement of the Ohnia:kara Aspiring Global Geopark by the current council. 2)Staff report on the project for full council consideration. 3)To evaluate participation in the Ohnia:kara Aspiring Geopark as part of your strategic plans. 4)Staff support from time-to-time to help with UNESCO status submission 5)Modest funding, related to tangible benefits. 6)Link on your municipal website to the Ohnia:kara Aspiring Geopark site. Page 86 of 380 Answers to FAQs 1.New job opportunities, new economic activities 2.Diversification of tourism options 3.New entrepreneurial opportunities 4.Supports integrity of place Page 87 of 380 Answers to FAQs Boost to tourism Ex. 1 - Stonehammer Geopark 2015-16 -$252.4 million - increase of 6.4% -1.7 million visitors - increase of 5% -726,000 overnight visits - increase of 4.6% Ex. 2 - Tumbler Ridge -2014 - 2000 visitors -2017 - 17000 visitors Page 88 of 380 Answers to FAQs Boost to tourism Ex. 3 - Marble Arch Geopark - installation of a boardwalk -2015 - 3000 visitors -2016 - 24000 visitors -2017 - 60000 visitors Ex. 4 - UK Experience - 7 Geoparks across UK -£18.84 MM/year in NET financial benefit after costs of UNESCO status -Includes £4.6 MM/year in grants attracted on competitive basis Page 89 of 380 Answers to FAQs Funding Considerations -Public -Private -Corporate -Memberships -Research Funding -Trillium etc. Page 90 of 380 Answers to FAQs Page 91 of 380 Ohnia:kara UNESCO Global Geopark Towards A More Cohesive Niagara Page 92 of 380 UNESCO Global Geoparks - Why Not Niagara? Moving Forward Please contact us for more information, and to request an Organisation tailored presentation / discussion or a brief meeting at the Region: Darren Platakis, Executive Director, Geospatial Niagara Inc. 905.964.4169 darren@geospatialniagara.com Page 93 of 380 1 of 2 Request for Delegation – Niagara Falls City Council – Tuesday, June 4, 2019 Delegation: Darren Platakis - Founder/CEO Geospatial Niagara – Ohnia:kara Steering Committee Ian Lucas - Secretary Geospatial Niagara – Ohnia:kara Steering Committee Philip Davis – Indigenous Culture Liaison – Ohnia:kara Steering Committee Contact: Address – 11 Nello Street – St. Catharines, ON L2N 1G5 Phone – 905-964-4169 Organization Represented – Geospatial Niagara and the Ohnia:kara Aspiring Global Geopark Steering Committee – pronounced Oh-nee-ah-gah-rah Presentation Focus: To significantly expand Sustainable Tourism by establishing the entire Niagara region as a UNESCO Global Geopark, WITHOUT the usual restrictions associated with traditional parks, and WITHOUT building any new tourism destination infrastructure. Information: 1. Ohnia:kara (pronounced Oh-nee-ah-gah-rah) is the Mohawk word for “neck between two bodies of water” and is the origin of the name the world recognizes as Niagara. It has been the home going back further than 12,000 years, to many Indigenous Peoples, and continues to this day to be an iconic gathering place for visitors from all nations around the world. 2. This presentation is about an exciting, achievable project to steadily expand Tourism destinations to every corner of Niagara region, WHILE ALSO increasing tourism revenues for the traditional “anchor” destinations. 3. Geographically situated between two Great Lakes, the Niagara Escarpment is a Page 94 of 380 2 of 2 result of 500 million years of natural processes, and is designated as a UNESCO World Biosphere Reserve. This helps us to achieve the UNESCO Global Geopark designation. 4. UNESCO Global Geoparks are grassroots community led projects that must demonstrate broad community engagement and commitment to be UNESCO designated. The Ohnia:kara Aspiring Geopark will bring a sense of pride and strengthen our Niagara community identities while educating about the importance of the geology and its impacts on our industry and cultural history through the recognition of the indigenous peoples that call this land home. 5. Our diverse, experienced Steering Committee is making presentations to identified Stakeholders, including municipalities across Niagara. The response to-date has been overwhelmingly positive. 6. As new councils are coming together to plan for their municipalities and the region over the next 4 years, one of the most common goals is collaboration to move Niagara forward. We are asking that each Municipal council and the Regional council embrace, endorse and support the Ohnia:kara Aspiring Global Geopark project as a means to bring all of Niagara together to work towards this reachable designation that can be a reality within the next 4 years. Now is the time for Niagara to come together. Our Ask: 1) We are seeking written endorsement of the Ohnia:kara Aspiring Global Geopark by the current council. 2) Staff report on the project for full Council consideration. 3) To evaluate participation in the Ohnia:kara Aspiring Geopark as part of your strategic plans. 4) Staff support, from time-to-time, to help with UNESCO Status Submission. 5) Future discussion of possible funding, related to tangible benefits. 6) Link on your municipal website to the Ohnia:kara Aspiring Geopark site. Page 95 of 380 Niagara Community Observatory NCO Policy Brief #37 | January 2019 By Carol Phillips OHNIA:KARA ANAspIRINgglObAlgeOpARK INTRODUCTION What is a UNESCO Global Geopark? Niagara has long been a world-famous destination, anchored by its iconic Falls. In fact, it has been a meeting place for Indigenous peoples dating back 12,000 years. The tourism infrastructure that has developed over the decades at Niagara Falls speciﬁcally has entrenched this position and its effect has gradually cascaded through Niagara-on-the-Lake and into the rest of the region, primarily through its historical, agricultural and viticulture assets. The importance of tourism to Niagara’s local economy is acknowledged by its designation as one of the Niagara Region’s four pillars of economic develop- ment strategy. Recognition of its role has been accompanied by the desire to expand its impact throughout the region. Several types of tourism already exist in Niagara, providing a spectrum of different opportunities in a variety of different cultural and environmental contexts. Many of these different types of tourism include mass, rural and farm, cycling, culinary, wine, brewery, and ecotourism. The inclusion of geotourism would serve to reinforce these existing tourism types, but also diversify into new areas, and new products and attractions, that highlight the unique character of the Niagara region. Geotourism is a niche-market that has grown over the past 20- plus years. It is a form of nature-based tourism that showcases an area’s geographical character, its “earth history” which includes geology and landscape, ﬂora and fauna, and their inter- action with humans to form a cultural identity. It is a niche that focuses on education, conservation, and sustainability (Megerle & Pietsch, 2017; Dowling, 2011; Farsani et al., 2011). It is through the growing phenomenon of geotourism that the relatively new concept of the “geopark” – and the ofﬁcial designation of the UNESCO Global Geopark – has emerged. UNESCO deﬁnes its geoparks as a “single, uniﬁed geographical area where sites and landscapes of international geological signiﬁcance are managed with a holistic concept of protection, education and sustainable development” (UNESCO 2016). While the concept of geoparks date back to the 1990s, speciﬁcally with their establishment in Europe and China, it wasn’t until 2004 that the Global Geoparks Network was formed under UNESCO. Furthermore, the ofﬁcial branding of the UNESCO Global Geopark did not occur until 2015. There are currently 140 UNESCO Global Geoparks in 36 countries, but only three of these are in Canada: Stonehammer in New Brunswick (designated a Global Geopark in 2010), Tumbler Ridge in British Columbia (2014), and Percé in Quebec (2018), signifying that the concept is relatively new in Canada. Members of the Niagara community through Geospatial Niagara have submitted an expression of interest to the Canadian National Committee for Geoparks to become a geopark. This has enabled the group to now market the concept and create a formal application as an “Aspiring Global Geopark”. The Ohnia:kara Aspiring Global Geopark is a non-proﬁt grassroots effort to bring the brand to Niagara. NCO Policy Brief 1 September 2018NCO Policy Brief 1 January 2019 NCO New Layout:Layout 1 04/02/2019 12:44 PM Page 1 Page 96 of 380 NCO Policy Brief 2 January 2019 The UNESCO designation does not carry any regulatory status, although sites within the geopark may already be protected by local laws. Rather, it is best understood as an in- ternational brand that signiﬁes to potential tourists that this is a destination with signiﬁcant geological and geographical assets worth visiting. That may seem obvious in Niagara. However, the UNESCO Global Geopark brand was originally meant to support and encourage sustainable economic development in rural areas by showcasing their formidable geological sites. With that goal in mind, a Global Geopark designation could be a means to expanding tourism interest across the Niagara region, by increas- ing the economic beneﬁts of tourism to all 12 of its municipali- ties as well as adding value to its core tourism areas of Niagara Falls and Niagara-on-the-Lake, and giving visitors more reason to stay in the region for longer periods. This policy brief aims to introduce this relatively new concept to Niagara stakeholders and answer the question: What is a geopark, and how might it enhance an already popular tourism destination?This study will highlight challenges and opportunities that Ohnia:kara organizers face in their bid for designation. It includes a discussion of the branding process, the current impact of tourism in Niagara and how a geopark designation might differentiate itself; and a brief look at the impact of some current Global Geoparks. It will also build a case for local support of the initiative, placing the discussion within the realm of amplifying culture and tourism assets across the region to contribute to Niagara’s overall economic develop- ment. THepROCess Ohnia:kara, the Mohawk word for “neck between two bodies of water”, is proposed to be congruent with the boundaries of the Regional Municipality of Niagara. It has identiﬁed 78 “geosites” of geological, environmental, or cultural interest in all 12 municipalities of the region, but that list con- tinues to grow as the group consults with stakeholders. The sites range from the Welland Canal to the Wainﬂeet Bog to Beamer Falls, as well as historical sites from the War of 1812 and the Mewinzha Archeology Gallery in Fort Erie. The Niagara Peninsula Conservation Authority and the Niagara Parks Commission already oversee the bulk of the proposed sites, which should be considered an advantage as there is already infrastructure in place (trails, signage, parking, programming) for visitors and residents to enjoy many of these local assets. A UNESCO Global Geopark carries a four-year designation after successfully completing an application that includes a dossier of information and a site visit from technical experts. The application should demonstrate the area has “geological heritage of international value” as assessed by scientiﬁc professionals, with accompanying details of geo- conservation pressures and efforts. A management team with a business and marketing plan should be in place. Part of the process includes having already implemented geopark projects as proof of commitment and capacity. Information signs at geosites and educational programs offered to schools are such examples. The designation is re-evaluated every four years, through a progress report and another site visit. The Ohnia:kara initiative is currently at the beginning of its application process. It has a steering committee and organizers have been making contacts with other geoparks and participat- ing in international conferences and workshops. Once completed, the application will be vetted through the Canadian National Committee for Geoparks (CNCG) before moving to UNESCO for ﬁnal approvals. WhatisUNesCOlookingfor? In its application, UNESCO asks that the aspiring Global Geopark addresses 10 topics: 1. the importance of natural resources in the region and their sustainable use; 2. existing geological hazards, such as volcanoes and earthquakes, and disaster mitigation strategies; 3. climate change; 4. educational activities for all ages that spread awareness of geological heritage and its links to our geography, culture and heritage; 5. scientiﬁc research with academic institutions; 6. exploring the links between communities and Earth, including activities and partnerships with the arts and heritage communities; 7. the empowerment of women; 8. a sustainable economic development plan; 9.preserving and celebrating local and Indigenous knowledge by including those communities in the planning and management of the geopark; and 10. geo-conservation and the protection of geosites. (UNESCO 2016) NCO New Layout:Layout 1 04/02/2019 12:44 PM Page 2 Page 97 of 380 NCO Policy Brief 3 January 2019 ROleOFTOURIsmIN NIAgARA’seCONOmY Tourism has been identiﬁed by Niagara Region as one of four priority sectors in its economic development and growth strategy, alongside agribusiness, manufacturing, and transportation/logistics. The tourism sector employs approximately 18 per cent of Niagara's workforce, or almost 40,000 people, and has a location quotient of 1.8 relative to Ontario (Niagara Region Economic Development, 2019). This signiﬁes the concentration of a specialized labour pool in this region. It is a cross-sectoral industry that includes food and beverage, accommodation, performing arts, spectator sports, heritage institutions, and gambling. As such it provides quality-of-life amenities to residents while marketing to visitors outside the region. Niagara Falls and its established tourism base is central to the region’s competitive advantage. However, challenges in “grow- ing and enriching the experience” moving forward have been identiﬁed in recent discussions around the strategic growth of the region (Niagara Region Economic Development 2018, p. 14). 1Location quotients measure employment concentration in a geographical area compared to a larger geographical area, in this case Niagara to Ontario. If the LQ is greater than 1, that indicates a larger proportion of workers in a sector than the larger area, and a comparative advantage in terms of a specialized labour pool. Agriculture (location quotient 1.94), arts/entertainment/recreation (1.92 LQ), and food/accommodation (1.75 LQ) are the three most signiﬁcant sectors in Niagara in terms of employment (Niagara Region Economic Development 2018, p. 13). TOURIsmNUmbeRs The latest data from the Ontario Ministry of Tourism shows that the St. Catharines-Niagara Census Metropol- itan Area had approximately 12.9 million “person-visits” in 2017. About 8.4 million came from Ontario (another 292,000 visitors from the rest of Canada), 1.1 million came from overseas, and 3.1 million from the U.S. Total expenditures were approximately $2.36 billion. The min- istry numbers measure, among other things, how many nights people stayed in the CMA, what type of accom- modation they used, and what they did while they were here. We know, for example, that less than half of those who visited from Ontario stayed overnight (2.98 million) and the majority of those for only a couple of nights. Less than half of overseas visitors stayed overnight in the CMA, the bulk of those spending two nights or less. (Note: The St. Catharines-Niagara CMA does not include Grimsby or West Lincoln. Overseas visitors counted were over the age of 15. Some of the challenges include: 1. encouraging return visits 2. increasing the number of overnight stays 3. making the entirety of the Niagara region a destination for those seeking a wine, culinary, or arts experience. In a geopark model, Niagara Falls anchors the tourism experi- ence, but the region-wide potential is realized. Brouder and Fullerton have referred to it as a “cascade effect” (2015). That is, Niagara Falls is still the focal point for tourists, but the rest of the region might also beneﬁt. This policy brief recognizes that tourists to the region are not all alike. The casino buses travelling down the QEW are not necessarily ﬁlled with aspiring geotourists. Nor are the bus tours that take international visitors for a quick day trip. The geopark appeals to a separate genre of tourist (and resident) and lends a different perspective to Niagara’s assets. WHYDOWeNeeDA geOpARK? If Niagara is already such a popular destination, why do we need to be ofﬁcially designated as a Global Geopark? Branding Niagara as a UNESCO Global Geopark may provide an institutional path for the entirety of the region to gain interna- tional recognition by drawing attention to the extent of the existing geological and cultural assets, including its many smaller waterfalls, trails, historical sites, wineries, and artisans. For organizers, these branding efforts come with opportunities and challenges. Tourist amenities and attractions are already abundant, and the geopark can take advantage of this infrastruc- ture to establish its own brand of tourism and add value to a visit, highlighting geological assets and earth history (which includes its interaction with humans through culture and heritage). However, the challenge occurs in: 1. differentiating what it can offer to the experience and, 2. quantifying its impact on the established tourism sector as well as the local economy at large. What difference will a UNESCO Global Geopark make and how can it be measured? The difﬁculty lies in that often these geosites are not gated (Lemky, 2014), or they may be one of several reasons someone might visit an area. This could be mitigated through geopark-speciﬁc activities and attractions. For example, if it had its own visitors’ centre and took visitor counts at its promoted geosites. Because one goal of the Ohnia:kara initiative is to attract tourists already at NCO New Layout:Layout 1 04/02/2019 12:44 PM Page 3 Page 98 of 380 NCO Policy Brief 1 September 2018 Niagara Falls to explore the surrounding region (in the hopes they might spend more time in the area), taking counts and surveys at geosites in the surrounding municipalities would give some indication if that strategy is working. Other solutions may include on-site surveys, website visits via on-site QR codes, or “passport” programs in which visitors get stamps for each site visited and then trade them in at the end of a vacation for a small reward. Determining whether or not the geopark brand is attracting tourists who otherwise would not have made the trip to Niagara may be more difﬁcult. Overall numbers gathered by Statistics Canada before and after the branding can be compared, but one would be challenged to measure how much can be attributed to the actual geopark versus other factors. This ability to differentiate becomes a signiﬁcant issue not only when looking for funding and partnerships, but also when making its case to UNESCO in seeking ofﬁcial designation. The Niagara Escarpment, for example, has been a UNESCO World Biosphere Reserve since 1990. In the case of such branding overlap, UNESCO stipulates an “Aspiring Global Geopark” must show how it would add value to the region both independently and in cooperation with other designations. In this case, Ohnia:kara may argue that as a promoter of geotourism, it can help the Biosphere Reserve tell its story by guiding people to lesser known geosites as the escarpment winds to its greatest asset, Niagara Falls. There are other overlaps, as well: with Ontario Parks, the Niagara Peninsula Conservation Authority, the Niagara Escarpment Commission, and the Niagara Parks Commission. Megerle and Pietsch (2017) recognized this trade-off in the case of German geoparks – the risk of decreased visibility of a geopark due to the larger proﬁle of established protection agencies, versus the beneﬁt of geosites already enjoying degrees of legislated protection and administrative oversight. In the German case, geoparks overlapped with nature parks, national parks, and a UNESCO Biosphere Reserve. Risks included competition between brands2 and confusion amongst the public about the difference between them. The danger was having this play out with businesses and other stakeholders questioning the value of paid membership in a geopark. But the research also saw the opportunity of working with higher-proﬁle organiza- tions with better ﬁnancial resources and infrastructure to mount joint marketing campaigns and joint activities . NCO Policy Brief 4 January 2019 geOpARKsAROUNDTHe WORlD:THeCOsTsAND beNeFITs There is evidence that designated Global Geoparks are having positive economic impacts on their regions. China,for example, housed 204 national geoparks in 2017 (35 of them UNESCO Global Geoparks), and each was estimated to generate $26 million USD per year (Ng 2017), or approximately $34.5 million CAD. The geopark brand has been used in China since 2000 as part of a rural poverty alleviation strategy with the geoparks directly employing 20,500 managers and administrators, and 464,000 part-time and full-time frontline workers (Ng 2017).3 Of course, China could be considered an outlier due to its population size and the sheer number of geoparks. A peer-reviewed study by Farsani et al. (2011) looked at employment numbers in a survey of 25 Global Geoparks in Europe, Asia (excluding China, which did not answer the questionnaire), Australia, and South America. It found an aver- age of 18 people were directly employed by a geopark’s administration. This did not count indirect employment impact in related industries such as food and beverage, accommoda- tion, or retail. We can infer from these numbers, versus those in China, that the number of people directly employed by a geopark depends on how its management board has decided to run the business and could vary greatly. For example, does the geopark run its own tours, have its own museum, or a dedicated visitors’ centre? In the Farsani survey, direct employment by geoparks included seasonal workers in visitor centres and as tour guides at sites, as well as facility coffee shops and those working in other 2Which can result in too many signs. Biosphere Reserves had better funding and could afford more signage which led to a higher proﬁle than the geopark in which it was situated. 3The challenges of operating the brand have included managing such a “high demand for facilities and amenities, visitor management, environmental and heritage protection, and recruiting young people to work in remote parks.” NCO New Layout:Layout 1 04/02/2019 12:44 PM Page 4 Page 99 of 380 NCO Policy Brief 5 January 2019 amenities. The survey found revenue-generating activities run directly by the geoparks included recreation/sports activities, themed restaurants, spas, and bakeries; “geoproducts”, and partnerships with existing businesses. Other activities designed to increase the awareness of the geopark and its beneﬁts included education programs (workshops, conferences, tours), and conservation activities (p. 75-76). An economic impact study conducted for three of Portugal’s four Global Geoparks in 2014 (the fourth had just opened) found that visitor numbers had doubled since designation. (The parks had been designated between 2006 and 2014, but no indication was given for the timeframe of the increase.) All indicators, as self-reported by the managers, saw various increases in employment, number of restaurants, available beds, hotels, visitors from the school community, average expenses per visitor/day, average length of stay, and overall number of visitors. The estimated average income (which it reported as average “economic beneﬁt” to the community) of the three parks was 424,940 Euros per year (approx. $647,398 CAD), 57 per cent of revenues from government sources (mainly municipal and regional), 19 per cent from private sources, and 24 per cent classiﬁed as “external”.4 The study found the initial cost of earning the UNESCO designation ranged from approximately 30,000 Euros to 80,000 Euros ($45,000 to $121,000 CAD), including marketing and management plans, inventory and assessment of geo-heritage sites, and a technical team (Portuguese National Commission for UNESCO, 2014, p. 55). The annual cost of afﬁliation, including the work of technicians, promotional rate payments to the Geopark networks, and participation in conferences, was estimated at 5,417 Euros ($8,100 CAD). In the United Kingdom,a 2013 report estimated the annual ﬁnancial beneﬁt that its seven Global Geoparks brought was 18.84 million pounds ($32 million CAD) – taking into account the estimated “cost of status” at 330,000 pounds ($562,000 CAD) or approximately 47,000 pounds each ($80,000 CAD) (UK National Commission for UNESCO, 2013, p. 12). The report stated that the designation had been used to increase tourism numbers which in turn brought spill-over effects into the local economy and the seven parks had secured a combined 4.6 million pounds/year in funding($7.8 million CAD), not accounting for revenues from visitor spending. Its Marble Arch Caves Geopark, given as an example, attracted 250,000 visitors per year which the report equated to an annual 3.9 million pounds ($6.6 million CAD) in visitor spending per year due to the UNESCO designation (pg. 14). sOURCesOFINspIRATION Part of the campaign to become a UNESCO Global Geopark, and retain its standing, is to network with already established Global Geoparks in order to gain insight, not only into best practices, but to gain ideas and inspiration into what is possible. Two geoparks that stand out as relevant to the Niagara experience are the English Riviera Global Geopark in South Devon, England and the Beaujolais Global Geopark in eastern France. But we have also included Hong Kong as a brief talking point – considered an urban geopark, it provides an example of how an already world-famous destination has used the branding. English Riviera The English Riviera UNESCO Global Geopark in southwest England is an interesting comparative case for Niagara as it has been a popular domestic vacation destination pre-dating its 2007 UNESCO designation. The English Riviera has declared it- self an “urban” geopark with a population of 134,000 over 62 square kilometres, including the resort towns of Torquay, Paignton, and Brixham, around Torbay.5 This area became well-known during the Napoleonic Wars when the families of naval ofﬁcers settled in the area and word spread of its attractiveness. It was also once the United Kingdom’s largest ﬁshing port. These days, tourism is its dominant industry, recording nine million bed-nights per year and employing 15,000 people either directly or indirectly. While the economic impact of the geopark, speciﬁcally, was not publicly available, the English Riviera Geopark Organization is mentioned more than once as part of the area’s tourism strategy moving forward as it aims to grow its visitor numbers. Between 2010 and 2015, this area saw a 12 per cent increase in domestic visitors and an eight per cent increase in their spending (to 274.4 million pounds in 2015, or $464.5 million CAD). The number of overseas visitors increased by one per cent and their spending by three per cent. Overall, in 2015, there were 4.5 million trips made to Torbay and 436 million pounds ($739.2 million CAD) spent. The English Riviera Global Geopark calls itself an “urban geopark” though 45 per cent of its land remains undeveloped as farmland, woodland, or open space. It has its own visitors’ centre, themed playground, and website promoting activities and trails centered around its 32 geosites. It encourages its business partners and commercial members to use the branding to “stand above the crowd” when seeking funding. The geopark operates within the established tourism community as one of 14 stakeholders in the Destination Management Group for the local authority. Its own management organization includes tourism, geography, heritage, business, and educational stakeholders, as well as members of the local council. (English Riviera UNESCO Global Geopark website). 4No deﬁnition was given for “external sources”, but this would include entrance fees, etc. 5By way of comparison, Niagara’s population is spread out across 1,854 square kilometres. NCO New Layout:Layout 1 04/02/2019 12:44 PM Page 5 Page 100 of 380 NCO Policy Brief 6 January 2019 Beaujolais The Beaujolais UNESCO Global Geopark in eastern France seems a natural case to study for Niagara due to its world-fa- mous wine region (producing primarily red wine from the Gamay grape). This geopark located just northwest of Lyon, within view of the Alps, was designated in 2018 and makes the direct connection between its geological and hydraulic resources, and its viticulture, agriculture and history of its community. It currently has 26 geosites, ranging from historical buildings and sites, to vistas, trails, and protected areas. An interactive map of geo-activities on its website features guided tours and walks, museums and trails. As it is a new geopark, economic beneﬁts are not available, and details about its structure are not yet publicly available. (Beaujolais UNESCO Global Geopark website). Hong Kong The Hong Kong UNESCO Global Geopark features outcrops of volcanic rock columns, other rock formations and historical relics that are about an hour’s drive from the centre of the city. The city of seven million people acts as host to visitors who make the trek to see the geosites via land-based or water-based tours. Tour guides are accredited. It has a Geopark Visitors Centre, a Volcano Discovery Centre, and several smaller “Geoheritage Centres”. It provides an example of how a world- famous city has used the UNESCO branding to enhance and diversify the visitor experience (Ng 2014, Hong Kong UNESCO Global Geopark website). CONClUsION The UNESCO Global Geopark brand is meant to be used as a tool for communities to support and promote their natural resources and geological heritage through sustainable development practices, including geotourism, conservation, and education. The goal of this brief is to introduce this relatively new concept to economic development, tourism, conservation, and education stakeholders in Niagara. This region has already claimed its spot as a world-famous destination, thanks to the Niagara Falls and adjacent historical and cultural offerings. Wineries, breweries, and agritourism are adding to the draw of Niagara – the region – as a tourism destination. So much of this success already hinges on the uniqueness of Niagara’s geogra- phy and geology, from the many waterfalls to the building and operation of the Welland Canal, to the soil and climatic factors that lead to a robust Niagara wine industry, particularly ice wine. Supporting a bid to become an internationally recognized geopark could even broaden the region’s appeal to those looking for a recreational and educational geotourism experience, the beneﬁts of which can be shared across all 12 municipalities of the region. NeXTsTeps By Charles Conteh & Carol Phillips The vision behind the UNESCO Global Geopark initiative in Niagara is not disconnected from the economic and sociocultural advancement of the region, but rather constitutes another potential engine that can only further drive the tourism sector. It should also be emphasized that leveraging and promoting cultural assets is a fundamentally community-driven initiative if it is to be sustainable. This policy brief encourages all sectors to consider the beneﬁts of a UNESCO Global Geopark and how they may each contribute to its use as a tool of sustainable economic development. To articulate the essential elements moving forward in a successful local geopark initiative, a framework from Jennifer Clark’s work on resilient regions is instructive (2017). There are four core characteristics of resilient and adaptive regions that could inform the strategic direction of the geopark initiative in Niagara. First, building a deep specialized team of local geopark “activists”; second, creating a legitimate platform of institution- alized intermediaries to connect the various organizations and interests invested in the region’s natural, environmental and cultural assets; third, cultivating an awareness of geoparks as fundamentally about the management of relationships and narratives between stakeholders in Niagara and the world; and fourth, a clearly articulated role for government at multiple scales of authority. The rest of this section elaborates on each of these elements. The ﬁrst element is the need to cultivate a critical mass of local geopark activists who are knowl- edgeable and passionate about the region’s geological, geo- graphic, cultural and historical uniqueness. As a strategic step, this would involve effective outreach to, and partnership with, local schools and post- secondary institutions to inte- grate geopark training modules into existing curriculum, and host regular public workshops to raise awareness about the region’s stock of geopark assets. Ohnia: kara has already begun this outreach with programs in place at the post-secondary level. Engaging people of diverse backgrounds and leveraging their skills and passions to create a compelling local ecosystem of geopark activists is an important part of developing a convincing and sustainable initiative. In fact, a major reason UNESCO gives for the designation of a Global Geopark is its educational NCO New Layout:Layout 1 04/02/2019 12:44 PM Page 6 Page 101 of 380 NCO Policy Brief 7 January 2019 beneﬁts – increasing awareness and appreciation for geology by teaching the communities within the geopark, as well as visitors, about the region’s earth history. Most importantly, geology and its role in earth history also provides a portal through which to learn about Niagara’s Indigenous cultures which have existed here since time immemorial. With the help of Geospatial Niagara and the participation of Indigenous communities (such as the Niagara Regional Native Centre), educational units can be designed with hands-on experiences for students of all ages, elementary to post-secondary. As well, information at geosites, and on educational/promotional materials can also tell the story of the land from the Indigenous perspective. The second element in the geopark region’s strategic steps would be the creation of a platform for the institutional intermediaries that share the conservation and operational oversight of Niagara’s physical assets. This platform can serve as facilitator and provide the glue that holds networks of disparate actors together. As we noted earlier, geoparks often overlap with nature parks, national parks, and biosphere reserves. An effective institutional intermediary platform will pre-empt competition between brands and confusion amongst the public about the difference between them. Moreover, it will address the concerns of businesses and other stakeholders questioning the value of paid membership in a geopark. The cooperation of these types of groups is essential to the upkeep, enhancement, and promo- tion of geosites. Working together, such an environmental net- work platform will not only provide the multidimensional per- spectives for articulating and dif- ferentiating what a geopark can offer to the experience of visitors but also operationalizing those perspectives into quantitative in- dicators for measuring its impact on the established tourism sector as well as the local economy at large. This platform could serve as the management team with a business and marketing plan. Where this new platform or management team ﬁts within the current Niagara tourism landscape is up for further discussion. But as we see from the English Riviera example, the intiative’s inclusion in Niagara’s tourism discussions and strategies is central to its success. A third element in the initiative’s strategic direction or next-steps is to frame its geopark initiative in terms of managing relationships and cultural narratives between Niagara and the world. Geopark assets are more than objects of nature. They are the critical relics of history that embody the natural heritage of a place. These relics provide the physical emblems that have shaped the worldview and even belief systems of many generations of Indigenous peoples living in the region. The geopark initiative provides a mechanism for sharing those narratives with tourists from around the world, and with Niagara residents as well who may not be familiar with those stories embedded in these natural vestiges of the distant past. This third element ties well with the concept of branding. The branding of a UNESCO Global Geopark provides an entrepreneurial opportunity to increase the number of, and expand existing, geotourism activities and visitor amenities. For those who have existing geopark-oriented businesses and events, the branding may help them build on their success by increasing international awareness of the geotourism opportunities in Niagara region. The fourth and ﬁnal element in the initiative’s strategic next-steps is the question of the role of government. While there is a tendency to tout community initiatives with leader- ship provided by ordinary residents, the fundamental need for a clear role for local government leadership must not be lost or downplayed. A global initiative aimed at gaining the attention and winning the designation of UNESCO would require the backing, authority, legitimacy and resources of the state at various levels. To what degree, is a matter for discussion. A geopark initiative for Niagara needs a broad agreement at the regional scale and requires a regional approach – and there is a tourism marketing structure in place for that. Meanwhile, tourism has been tagged by Niagara Region as a pillar of economic development moving forward and the industry is a major employer locally. The challenge is to leverage the entirety of Niagara’s geographical and cultural assets to continue to grow the industry. The proposed Ohnia:kara geosites cut across regulatory, administrative, and operational lines. The Niagara Peninsula Conservation Authority, the Niagara Parks Commission, Parks Canada, Ontario parks, Niagara Escarpment Commission, St. Lawrence Seaway Authority, Niagara Region and its 12 municipalities all share responsibility for some facet of Ohnia:kara. Other than providing legitimacy to the efforts, what role can each level of government and regulatory body play? We should also bear in mind that Ohnia:kara provides an opportunity for greater recognition and appreciation for the role of Niagara’s Indigenous peoples in the area’s history and culture, which predates local governance structures. The Ohnia:kara Aspiring Global Geopark provides an opportu- nity to broaden the appreciation for the entirety of Niagara’s geological history and its impact on our cultural history through a means of sustainable economic development. For it to succeed, we suggest the geological “activists” and the tourism stakeholders must work closely together. This policy brief is meant only as a ﬁrst step towards introducing the concept of a geopark to the Niagara community, outlining challenges and opportunities. What direction the geopark initiative takes is ultimately up to those relevant Niagara stakeholders. NCO New Layout:Layout 1 04/02/2019 12:44 PM Page 7 Page 102 of 380 Contact information About the author:Carol Phillips, PhD, is the research coordinator at the Niagara Community Observatory, Brock University. Photos Page 1: Morningstar Mill, Comfort Maple Page 2: Beamer Falls Page 4: Niagara Gorge Pages 6-7: Beamer Conservation Area Trail Page 8: Ball’s Falls The Niagara Community Observatory at Brock University is a public-policy think-tank working in partnership with the Niagara community to foster, produce, and disseminate research on current and emerging local issues. More information on our ofﬁce, and an electronic copy of this report, can be found on our website brocku.ca/nco Contact Us Charles Conteh, PhD Director, NCO, Brock University cconteh@brocku.ca Brock University Niagara Region 1812 Sir Isaac Brock Way St. Catharines, ON, L2S 3A1 Canada brocku.ca/nco @BrockNCO NCO Policy Brief 1 September 2018NCO Policy Brief 8 January 2019 Dowling, Ross, K. 2011. Geotourism’s Global Growth. Geoheritage, 3: 1-13. English Riviera UNESCO Global Geopark. http://www.englishrivierageopark.org.uk/section_main.cfm? section=101 (Accessed Dec. 6, 2018). Farsani, N.T., C. Coelho and Carlos Costa. 2011. Geotourism and Geoparks as Novel Strategies for Socio-economic Development in Rural Areas. International Journal of Tourism Research, 13: 68-81. Hong Kong UNESCO Global Geopark. http://www.geopark.gov.hk/en_index.htm (Accessed Dec. 6, 2018). Lemky, Kim. 2014. “Assessing the Economic Impact of Geoparks,” power point presentation to 6th International UNESCO Conference on Global Geoparks, Saint John, N.B. Megerle, Heidi and Dana Pietsch. 2017. Consequences of overlapping territories between large scale protection areas and Geoparks in Germany: Opportunities and risks for geoheritage and geotourism. Annales de geographie, 5 (717): 598-624. Niagara Region Economic Development. 2018. Economic Analysis & Forecasting Draft Discussion Paper. Niagara Region Economic Development. 2019. Niagara Tourism Proﬁle. Ng, Sai L. 2014. Hong Kong Geopark: a paradigm of urban sustainable tourism. Asian Geographer, 31 (1): 83-96. Ng, Young. 2017. “Economic Impacts of Geotourism and Geoparks in China,” power-point presentation to the Global Eco Asia-Paciﬁc Conference 2017, Adelaide. Portuguese National Commission for UNESCO. Study on the Economic Value of the Connection to UNESCO Networks in Portugal. December 2014. https://issuu.com/cbc_unesco_pt/docs/study_economic_value_un- esco_network (Accessed Dec. 17, 2018). UK National Commission for UNESCO. Wider Value of UNESCO to the UK, 2012-13. https://www.unesco.org.uk/wp-content/up- loads/2015/05/Wider-Value-of-UNESCO-to-UK-2012-13fullreport.pdf (Accessed Dec. 17, 2018). UNESCO. 2016. “UNESCO Global Geoparks.” http://unesdoc.unesco.org/images/0024/002436/243650e.pdf (Accessed Dec. 6, 2018). ReFeReNCes Beaujolais UNESCO Global Geopark. https://www.geopark-beaujolais.com/en/ (Accessed Dec. 6, 2018). Brouder, Patrick and Chris Fullerton. 2015. Exploring Heterogeneous Tourism Development Paths: Cascade Effect or Co-evolution in Niagara. Rural Tourism: Insights from the North Atlantic, 15 (1-2): 152-156. Clark, Jennifer. 2013. Working Regions: Reconnecting Innovation and Production in the Knowledge Economy. Regions and Cities: 66. Abingdon, Oxon; New York: Routledge. NCO New Layout:Layout 1 04/02/2019 12:44 PM Page 8 Page 103 of 380 Page 104 of 380 AIDS AWARENESS WEEK Creating HIV/AIDS awareness in Niagara Page 105 of 380 FLAG RAISING Page 106 of 380 Page 107 of 380 RED SCARF PROJECT Creating HIV/AIDS Awareness in Niagara Page 108 of 380 TYING THE STREET RED Page 109 of 380 Page 110 of 380 THE RECEPTION Page 111 of 380 Page 112 of 380 OUR REQUEST •Flag raising at Niagara Falls city hall •Mayor Diodati to officiate the event •Hold the Red Scarf Project on Queen St. in Niagara Falls •Everyone to join us on November 28 Page 113 of 380 nm8::Eu.nozzamim»_.a.£.,.:§.§§_a:mamzacaamum»E; 50:»m.onmzo?9..3.:.uuaa—m.:._.9=m.=3a_o:...__mm=o:9.82m2.. 88:32maam._»m.m=m3m=z..._82.3.3.::m_.mamo:=mmczmas _me?vam£_:u»..:a£....%m_w=mEmm»_a:m:_=m.m_<2:amnm<m~nm3.:a_m_Ea m:.m=_..<m:_mNm:m<_mma_.mxum..=.m:a_a:=:r=m.E=m=~.Ba33.:amno=aa_£ an3..E.~53_.:a<m:.<9;32.._28aam385.m7.%2_a2=Zn.‘ 3.325_ua_.<u_m.=mQ:.:E=m»Enamam8c..a_m2__3=m...m.._nmm:&<m.2 8_:ma<ma::mSci9..9.;82:23.3:mesa_mm:2amamamamanmESE «EuE:32an_.a.<__.£.EEaxoa8=~Em=:umi.:5 E12scam=9:32»E2am_m.mn_15.3manan:...:_a:m. >3%:_§a2_.Sn2.ncnszn25:min:3Em =:oa=_m:e=_.83.332.3..E»:E._a:ma=_mn_amn_u_m:~ :::uc=Ea:ma_.33:_.mnm.<E.5:ma.5mzoa. Emmmm22.3Em«magma.3amEa=ma;2o9ma£_m£ ?3:_ma.m_m_<.<9..5»8=mm=.ma8amnm_<mEm$.23: m_mQ3:_nmu»:..m:5<~._a§mam:253$Emummam.m_=m 832=58=a_:=£_aa.31.5.3amamamznm ssammoa8Eoma53ms:wao_.m2___:Emmm__m_ _<_m<P~o$ m__<_m$o:.Q2Qmax Q21»: $8Dcmmzma z_mmm_.mam__m.ozEmea Umma:14Zmaoax §<:m3mwEnammmaamavmammsmmaa_ ma:Em_<_m:mmma9.m%$zSmas.wanna:mmasnm§Emo.mr.:mzammam. _uomE<m:<3maas28mmasnmoammaimzosuao<_n__:mmacnmqosmanmauve:mmasnmm8ammams?9"Emzmmmmam mmaoz._ m3Eaazm8<0:8o_m<8maxaoa<ocaEtna:3.323EmESxmamamasuaeamnaozO.:mm:my3zammam mm_mas2o<m3uma~m.__.Nopw.§mmmmmnuaxvaoamnauzsmm:_<mzzmamzmmm8Em83323.2Eaocm:mca2:E33 m8a<mmaozmEma3}31:n_o<§8<§23$. moaEmummam<mmamEm:m<m3::m<m3_:mo<<:8<<:manmEma§mmmaaEmmamEozzm8macsEa<m_.<mcnammmaa 3_:m&<m8oEma2.2.Emm<m3:36oaismbssamzmmmsxmmkSin:?uEm2%.,uaonmmazmSaoaikbmDu:man.a :mEmaocaaEm225onUmnmawmaHa._:camsocm<mmam.Em:m<m5:3Emm<m:.n3amizmEm_uomE<m:<§m 25%;2mmmaQ2Im_.233gmmam_.o§mn_3umansmammmsamv833232323%.<o_c:.8mamEan=m:.B.Em 3m<oaEo:E933$Emmumam?sm3mmszmmasScam,<<:m:Emnmam3o:<W83_u_m~mPm:Eomm£5:m<m 3.33cm.Ewmmm<mam_Ecaaama_§::a§3amam8a<m...?m:mao:m_<3&33<o_:a:mm_.$EammEma:8aammm. _m3uuom.aEaumamBmamam.m_o:mEmEm;ao<<a.8<<:mamma.<<mn_omm<<_Emamomuzoz<3:22.33.25mag $50.3aoam<ma<o:m2:0uma2oEm..mq_m<EmmamEmamnmnmo:ao<ma3222Emmnm_.<mmEm<mcmm:Enxmacc3 3.8433.8wmmu.>__Emm8a<mmmamammmmn<sEmuaoammm.oa.m__<3:8;Smmmmmm35$I_<mimamzmmm.ma.<<m__mmm zoamEamnzzmcm.$m_.m_o<.32.EmmnmaaEm<23.: Emmgmg:32.5SwmmEmnmE3m:<nimmman85:;mnaommOa?zo.azm3_:mm<mm=o<&E.8amwmmémamsmmm £55..=<\>_om§EEm93:9<<Emmmsmaocm205183zwmmmamnmm_:o.mEm:m<mcmm:mc_m8maoéE_m uao_.mn..8395»m:oEm_.Q2.2Emmmwwo:3353mm.nmEma_:mm.<<m28...cmEozocamg.8mxumzgEam<m_._a.8 Dcmm:mm3zammam3%. <SE<o:ammammasmsnEm22.:.288amwmwom§<m:<3mzmmmmamw2mmmaQ21»:oz2o<.mm;E5waswas.:m<m _<_m<oao_8_%mm<mam<<<<o3_m.<<mSosaEm:nacommanos:Ozmmzma.8E?aécamEmammmnma<mm.Emamnmuzoz <m::mWaswmiwo_m»ma3355<<:53Em32302:mamm. Ems:<0:«ea<o:anczmamamzoa.oaE.mm<m3EaEmmmmamm_:388:823m2.<9.:m<mm:<ncmmzosm._ 3% 3238Emmizm3%3:.<9.moon.Page 114 of 380 mmm_umn::=<. 3%»mm_.E.2.m3m:m._<_m:mmm«oq3:820:25means:mm2_nmm mom..££.mm§ax».Sm M 32:...“maxumgmwmmzm Eaznnmx9.m%S..._.§.mznnoz.S3<o\:=~mm..mmzm. §2.:.§:,S.:n2.533 so023.58:9..myom.:m§m90252Km. am:mom.m§.mm§9;.Kmmax”mom,m$.$B :asmE.no3 . “ E.m>mm<_m:.ocx<<m_wmamESE.omE<m_<3as mz_>o>m> E3N5538:..:_m=._uman:69n9_:_m_mm.S.:Em==m_m._.:.anm._..mxumn__nm:_.am8:95825max “magmamama:2552mu=._<$.33__n..£m2:.ognmcozu.«=33m~oE_wa._E.mas3.32.25:.Ania..._=cm_o=.:2.2.2..now.»am >:<._E503.Emow8u<=_wa2Em23..9.:3on3:3».asnew3:3_n:E=£:mAnaazmz.E:camumaoazm«S395 =:2a2§_=ne=€__.a3o=_m_.:_§E._._a_a2_:.wn€_.:::31.» .m_u:.mE.§_n:32.=:m_d_wm.m:BE-mnm<m~nmno=:_m_3.. _mc=mS:o:~ma.=<a:39:2..2“2:523...235..<2:2.2.2&2__§§_zS_a=.&_2S.2_..3..38.:.33:25. Emmumua<_€:533.5.:232:.may2a...m:<w£e:Ex5.2:3Sc<m=.<9:us?mnnmua2E85.Em.aen.=:m=z&n _332=3m_<.<2.:95ncammanma333.5EmN533_o_:.Ecm~<o_mm_?s=§_&__2_;§8:23£._a§..._.mm&:n<2.2 32:3m__<m.=6muo<m‘=c.mnmam:238$“examEH5a8:329camBu.»an3.3no:a:=m=a=uccn.3=3.5833:3..:::m 8_u<cm2.:8.5...;.§.31:533_.m_.a:nm Page 115 of 380 :8=.2wE«_o 3.03.:m_<_m.ao: mm...”_<_o:Qm<._<_m<MNNo$Sxa>_<_ ._.o”.030mmN_o_ nn<_Qo«Umnmlmn<<2.&nm:m<m§I853m:N<_o m:E.mnnmm95;:02.2320:32:83.m_%_$ m____<_mnmo= _ Q205% _ 05:8 _ 0.2Rz.mmm_.m_um__m A?oocmmsw:mm~ _ 23%.»_um=m_ozEmea _ $03wmmhm?mxt??m _ mmxmo_,..$mm.momw _ Em?oaammEvm__m.nm ._.9m____<_m.ao:AcBmaozammEE__m.8v nn<_n8wUmnmzmA<_n8_.§n_A_mm:m&<<m«m.no3v“<<m:a<nm:m<m:A<<8:m<m:amm_EE__m.nmv m.._._..§ 1.9 _uc_,§m«8ocqEmncmnozmm«__m«8n_m<.<<o:_a<0:Emmmmcoax23m3.Enamm_._m&<<m_.mWm:uu_<8328mgmuc?mmoz 0:._::m>9Bmmz?zmnuSo;>::_<m_.mmq<nm_m§.m:o:m<m3cs>:m:m»NA5._:um3_n:_m_.‘<<m5%8mm»EamE2.o<m_o? 33n_omS.m3333Ex_<_m3cmazmms«£22a32><m.mamEm<<m_<m..Bammmonmm?mg82::Emu. _<_:n:1538 0:6 Emmmmmo_\<<m..a3<2:353sowwNw.N$£.8>36_<_o_.onno3.9:.Emncmmwos_.mmm_d_:mEm?cnwmZmm<<m<. mmi2.03_<_m=3..<<_:ao<<mHo Page 116 of 380 Page 117 of 380 Continue to be a Waterpower Champion 1. Sign the Ontario Waterpower Champions Charter 2. Proclaim Waterpower Day on June 20th 3. Connect with OWA •Subscribe to our e-mail distribution list •Follow us on social media •Use OWA as your resource for future waterpower information and questions Page 118 of 380 •224 Facilities •Range in Size •1kW - 1000+MW Ontario Waterpower Page 119 of 380 Page 120 of 380 City of Niagara Falls Facility Year Built Owner Capacity Sir Adam Beck II Generating Station 1954 Ontario Power Generation 1519 MW Sir Adam Beck Pumping Generating Station 1957 Ontario Power Generation 174 MW n = 2 waterpower facilities Page 121 of 380 Changing Landscape •Provincial Movement to Local Planning •Opportunities to retrofit aging assets •Existing waterpower facilities •Dams that currently have alternative purposes •Sustainable Communities Page 122 of 380 Ontario Waterpower Champions Charter Framework for Council to demonstrate its commitment to integrating and balancing its socio-cultural, economic and environmental goals. The Commitment of Waterpower Champions: •We support the use and expansion of local waterpower; •We support historical infrastructure and refurbishment opportunities; •We conserve and enhance our man-made and natural environment; •We value the voices – all of the voices - of our community; and •We work with others collaboratively to create opportunities. Page 123 of 380 Questions? Page 124 of 380 Ontario Waterpower Champions Charter Our Council is committed to building the best possible quality of life for our residents. That means providing services, programs and amenities that make our community a great place to live, work, play and learn. It also means taking steps to think strategically about our future. Strategic thinking requires leadership, long term commitment and an unwavering responsibility to engage those we are elected to serve. The Ontario Waterpower Champions Charter is a framework for Council to demonstrate its commitment to integrating and balancing its socio-cultural, economic and environmental goals The Commitment of Waterpower Champions: • We support the use and expansion of local waterpower; • We support historical infrastructure and refurbishment opportunities; • We conserve and enhance our man-made and natural environment; • We value the voices – all of the voices - of our community; and • We work with others collaboratively to create opportunities. Signed: ____________________________________ Page 125 of 380 Waterpower Day June 20, 2019 Whereas the Ontario Waterpower Association was founded in 2001 to represent the common and collective interests of the province’s original green energy sector — waterpower; and Whereas the City of Niagara Falls and surrounding areas have benefited from more than a century of affordable, reliable and sustainable waterpower; and Whereas waterpower is the original community power—embedded in dozens of villages, towns, Indigenous communities and cities across Ontario; and Whereas community waterpower projects create social, political, environmental, economic and technological benefits; Page 126 of 380 PUBLIC MEETING AND RECOMMENDATION JUNE 25, 2019 CITY OF NIAGARA FALLS BOARDING HOUSE INTERIM CONTROL STUDY Page 127 of 380 PURPOSE CITY OF NIAGARA FALLS BOARDING HOUSE INTERIM CONTROL STUDY •Requests to add ‘Boarding or Rooming House’ as a permitted use through Minor Variance •One-off decisions on proposals for this use inappropriate in the absence of policy direction •Interim Control By-law Enacted •Study to examine the use of motels throughout the City providing long-term residential accommodation and develop a strategy on how to address and manage the use Page 128 of 380 PROCESS CITY OF NIAGARA FALLS BOARDING HOUSE INTERIM CONTROL STUDY •Iterative process •Technical Advisory Committee (TAC) •Background Research •Contextual Analysis •Best Practice Scan •Stakeholder Interviews •Solutions Development Workshop •Options for Consideration Page 129 of 380 KEY STEPS CITY OF NIAGARA FALLS BOARDING HOUSE INTERIM CONTROL STUDY •Review of Provincial Legislation- Provincial Policy Statement, Growth Plan, Building Code, Human Rights Code •Regional and Local policies and regulations- Regional Official Plan, Housing and Homelessness Action Plan, City of Niagara Falls Official Plan •Best Practice Approaches- provincial, national and international (U.S.) •Contextual Analysis- visual inventory of buildings, local economic factors, interviews with community agencies, local businesses/ BIAs Page 130 of 380 OPTIONS AND REVIEW CITY OF NIAGARA FALLS BOARDING HOUSE INTERIM CONTROL STUDY •Several options provided for input and consideration –Complete conversion –Hybrid conversion –‘Apartment Motel’ concept –Interim Conversion (maximum 10 years) •Demolition and conversion control also provided as an option for consideration Page 131 of 380 RECOMMENDATION CITY OF NIAGARA FALLS BOARDING HOUSE INTERIM CONTROL STUDY •November 2018 presentation to Council recommended ‘Full Conversion’ option •Council directed staff to –Obtain input from all Business Improvement Areas (BIAs) and other stakeholders –Obtain further input from local agencies –Survey the public via the City’s website –Hold a public information meeting Page 132 of 380 ADDITIONAL CONSULTATION CITY OF NIAGARA FALLS BOARDING HOUSE INTERIM CONTROL STUDY •Facilitated workshop with BIAs and local agencies •Public Information Meeting •Online Survey •Telephone Interview- Niagara College •Telephone interview- Resident of a motel property •Site Visit and Interview- Carriage House Owner/ Operator Page 133 of 380 REVISIONS CITY OF NIAGARA FALLS BOARDING HOUSE INTERIM CONTROL STUDY •Feedback from additional consultation resulted in revisions to the proposed recommendation and associated amendments –Prohibiting the use is not a viable option and would have implications for many parties –Oversight and regulation is required for the use on a go-forward basis •Revisions include –Permit full or partial conversions to SROs –Remove demolition and conversion control –Regulations for additional oversight through Licensing AND/OR Page 134 of 380 PROPOSED AMENDMENTS CITY OF NIAGARA FALLS BOARDING HOUSE INTERIM CONTROL STUDY •Official Plan Amendment, Zoning By-law Amendment •Introduce new use and defined terms –Single Room Occupancy Building –Single Room Occupancy Unit •Introduce regulations for SROs through Zoning By-law and Licensing By-law •Permitted in existing motels located within the Tourist Commercial, General Commercial and Central Business Zones as well as 5551 Valley Way, 8675 Montrose Road and 8004 Lundy’s Lane •SRO Units shall not be considered residential dwelling units for the purposes of calculating density Page 135 of 380 LICENSING BY-LAW CITY OF NIAGARA FALLS BOARDING HOUSE INTERIM CONTROL STUDY •Work on specific wording of regulations ongoing •Licensing Requirements include the following –Compliance with Building Code –Compliance with Fire Code –Compliance with Property Standards By-law –Initial inspection and annual inspections thereafter –Individual units to contain a private bathroom, a refrigerator or mini- fridge and an area for food preparation and consumption –On-site property manager required for any property containing more than ten (10) units Page 136 of 380 NEXT STEPS CITY OF NIAGARA FALLS BOARDING HOUSE INTERIM CONTROL STUDY •Prepare final amending documents and Licensing By-law to be brought forward to Council in July Page 137 of 380 THANK YOU CITY OF NIAGARA FALLS BOARDING HOUSE INTERIM CONTROL STUDY Page 138 of 380 PBD-2019-39 June 25, 2019 REPORT TO: Mayor James M. Diodati and Members of Municipal Council SUBMITTED BY: Planning, Building & Development SUBJECT: PBD-2019-39 Final MHBC Boarding House Study RECOMMENDATION 1. That Council approve the final MHBC Boarding House Study. 2. That the Official Plan Amendment, Zoning By-law Amendments and Licencing By-law be adopted and passed, respectively, at the July Council meeting. EXECUTIVE SUMMARY In April of this year, Council received the public comments on the Boarding House Study undertaken by MHBC Planning and recommended that the Official Plan Amendment, Zoning By-law Amendment and Licencing By-law be refined and finalized. Tonight’s meeting is the mandatory Public Meeting under the Planning Act on these documents. The Study found that the use of motels in commercial areas of the City is meeting the housing needs of a segment of the population. The Study concluded that in order to ensure adequate and appropriate standards are in place certain revisions to the City’s Official Plan, Zoning By- law and Licencing By-law are necessary. The consultants are recommending the introduction of a new land use termed Single Room Occupancy Building. A Single Room Occupancy Building is defined as a motel or part of a motel which existed prior to June 1, 2019 that provides Single Room Occupancy units. A Single Room Occupancy Unit is defined as “an independent unit within a Single Room Occupancy Building containing a habitable room and sanitary facilities, which is used as the primary residence of an occupant but does not constitute a dwelling unit.” Tonight MHBC Planning is presenting the refined Official Plan policies, Zoning By-law regulations and Licencing requirements. OVERVIEW In April 2017, Council passed an interim control by-law to prohibit the establishment of any further boarding houses in the City. This was in response to an application to the Committee of Adjustment to add a boarding house use to an existing motel. The proliferation of motels being used for unregulated residential purposes was creating concern within the community. Tonight’s work represents the culmination of more than 2 years of research, analysis and consultation. While the Study was called a Boarding House Study, during the course of examination it was determined the residents were not actually staying in the motels as lodgers, but were living independently in motel units as individual housekeeping units. Accordingly, it was determined that a new land use term was needed. Thus, the consultants, staff and the community determined a more appropriate term was required which resulted in the development of a new land use called Single Room Occupancy Unit. Such units have been developed elsewhere and more specifically in Vancouver and San Francisco. Page 139 of 380 2 PBD-2019-39 June 25, 2019 MHBC Planning is recommending the adoption of Official Plan policies which amend the policies of the Minor Commercial and Major Commercial land use designations to provide for Single Room Occupancy Units and Single Room Occupancy buildings. In addition, new regulations and provisions have been established to amend Zoning By-law No. 79-200 to introduce these uses as permitted uses in the Tourist Commercial, General Commercial and Central Business Commercial zones. The actual operation of Single Room Occupancy Buildings will be governed by new licencing provisions. Each motel which wishes to operate as a Single Room Occupancy Building, in whole or part, must be licenced by the City. Licencing will require that the units have obtained a Change of Use Permit under the Ontario Building Code and will be subject to inspections by the City’s Building Inspectors, Fire Services staff and Health Unit to ensure the units are suitable for habitation. The operator of any SRO Building must provide a private bathroom for each SRO Unit; a refrigerator or mini- fridge; and an area for food preparation and consumption. Any SRO Building containing more than 10 units is required to have an on-site manager on the property at all times. During the course of study, it was determined that two motels exist outside of the Minor Commercial and Major Commercial land use designations that are being used for housing. The properties at 5551 Valley Way and at 8675 Montrose Road will be subject to a Special Policy designation in the Official Plan and a Site Specific Zoning By-law. A property at 8004 Lundy’s Lane is zoned R5C and is in the process of converting from a motel to apartment units, but would also benefit from a site specific zone to allow SRO units as allowed in the TC zone for the balance of Lundy’s Lane. Single Room Occupancy Units represent one form of housing in the continuum of housing accommodation in the City. It is important to ensure the conversion of motel rooms to Single Room Occupancy Units are appropriate and safe places for people to live as they transition from temporary shelters on their way to full dwelling units. The adoption of Official Plan policies, Zoning regulations and Licencing regulations will ensure that Council has taken appropriate and meaningful action to create a form of housing which will help meet the needs of a portion of the City’s population. With respect to boarding houses in residential areas, these are currently defined in the zoning by-law as “a dwelling in which the proprietor supplies for gain, lodging with or without meals, to three or more persons other than the proprietor”. No change is contemplated to the operation of a Boarding and Rooming House which requires a site specific zoning by-law amendment. LIST OF ATTACHMENTS  Appendix 1 – Draft Official Plan Amendment #134  Appendix 2 – Draft Zoning By-law Amendment  Appendix 3 – Draft Site Specific Zoning By-law  Appendix 4 – Draft Single Room Occupancy Licencing Recommended by: Alex Herlovitch, Director of Planning, Building & Development Respectfully submitted: Ken Todd, Chief Administrative Officer A.Herlovitch:gd Attach. S:\PDR\2019\PBD-2019-39, Final Report Boarding House Study.docx Page 140 of 380 CITY OF NIAGARA FALLS By-law No. 2019- A by-law to provide for the adoption of Amendment No. 134 to the City of Niagara Falls Official Plan. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS, IN ACCORDANCE WITH THE PLANNING ACT, 1990, AND THE REGIONAL MUNICIPALITY OF NIAGARA ACT, HEREBY ENACT AS FOLLOWS: 1. The attached text constituting Amendment No. 134 to the City of Niagara Falls Official Plan is hereby adopted. Passed this XX day of XXXX, 2019. ................................................................. .................................................... XXXXX, CITY CLERK JAMES M. DIODATI, MAYOR First Reading: DATE, 2019 Second Reading: DATE, 2019 Third Reading: DATE, 2019 Page 141 of 380 OFFICIAL PLAN AMENDMENT NO. 134 PART 1 – PREAMBLE (i) Purpose of the Amendment The purpose of the amendment is to introduce policies to allow for the establishment of Single Room Occupancy (SRO) units within existing motels (ii) Location of the Amendment The amendment applies to lands designated Minor Commercial, Major Commercial, Tourist Commercial and other specified areas. (iii) Details of the Amendment Text Change PART 2 and APPENDIX I are amended to include the text as detailed in Part 2 of this document. (iv) Basis of the Amendment Over the past decade, many older motel establishments located throughout the City have shifted from providing primarily short-term accommodation to the travelling public, to varying extents, long-term residential accommodation. Within the context of the City’s current planning and regulatory framework, the use of motels for long-term residential accommodation purposes is not contemplated, which has resulted in difficulties in policy interpretation and zoning enforcement. City Council passed an Interim Control By-law to freeze any applications seeking to introduce the use of ‘Boarding or Rooming House’ on any motel site within the City until such time as the issue had been studied. Background review and analysis of the planning and regulatory framework; reviewed best practice examples from other jurisdictions; worked with a Technical Advisory Committee comprised of representatives from Policy Planning, the local business community, City Council, Municipal By-law Enforcement, Fire Services, Niagara Regional Police, Regional Policy Planning and Regional Community Services; and, conducted interviews with community service organizations and motel operators in order to develop a series of potential options to address the issue. The result of this work included a background review report and a contextual analysis and options report. Based on the research and analysis completed as part of the Interim Control By-law Study, a preferred and recommended option, to permit motels to operate as Single Room Occupancy Buildings via the introduction of Official Plan policies, zoning regulations and a licensing by-law was presented in November 2018. Further consultation was undertaken in early 2019. Page 142 of 380 PART 2 – BODY OF THE AMENDMENT All of this part of the document entitled PART 2 – Body of the Amendment, consisting of the following text, constitute Amendment No. 134 to the Official Plan of the City of Niagara Falls. DETAILS OF THE AMENDMENT The Official Plan of the City of Niagara Falls is hereby amended as follows: 1. MAP CHANGES The ‘Area Affected by this Amendment’, shown on the maps attached hereto and entitled “Map 1 to Amendment No. 134” and “Map 2 to Amendment No. 134” shall be identified as Special Policy Area “75” on Schedule “A” to the Official Plan. 2. TEXT CHANGES a) PART 2, Section 3, is hereby amended by adding a new Section 3.6, as described below: “3.6 SINGLE ROOM OCCUPANCY 3.6.1 Existing motels shall be permitted to provide, in whole or in part, residential accommodation in the form of a Single Room Occupancy (SRO) Building providing Single Room Occupancy (SRO) Units. 3.6.2 SRO Units shall not be considered residential dwelling units for the purposes of calculating residential density as set out in this Plan. 3.6.3 SRO Buildings and SRO Units shall be regulated through implementing Zoning and Licensing By-law Requirements. b) PART 2, Section 4 is hereby amended by adding new Section 4.2.9 (a) as follows: 4.2.9 a) SINGLE ROOM OCCUPANCY 4.2.9.a).1 Existing motels shall be permitted to provide residential accommodation, in whole or in part, in the form of a Single Room Occupancy (SRO) Building providing Single Room Occupancy (SRO) Units. 4.2.9.a).2 SRO Units shall not be considered residential dwelling units for the purposes of calculating residential density as set out in this Plan. 4.2.9.a).3 SRO Buildings and SRO Units shall be regulated through Page 143 of 380 implementing Zoning and Licensing By-law requirements. c) PART 2, Section 13 is hereby amended by adding the following subsection: 13.75 SPECIAL POLICY AREA “75” Special Policy Area “75” applies to lands identified as 5551 Valley Way and 8675 Montrose Road. In addition to the uses permitted under the current land use designation a Single Room Occupancy Building (SRO Building) may be permitted on these properties. d) Appendix I, Definitions is amended by adding the following new definitions “Single Room Occupancy Building (SRO Building)” means an existing motel, or part of an existing motel, providing Single Room Occupancy Units (SRO units)”. “Single Room Occupancy Unit (SRO Unit)” means an independent unit within a Single Room Occupancy Building (SRO Building) containing a habitable room and sanitary facilities, which is used as the primary residence of an occupant, but does not constitute a dwelling unit” Page 144 of 380 H O U C K D R TWIDALE AVSTANLEY AVMC R A E S TVALLEYWY BUCHANAN AV MAP 1 TO AMENDMENT NO. 34 SCHEDULE TO A TO THE OFFICIAL PLAN Proposed Change From: RESIDENTIALChange To: RESIDENTIAL AND SPECIAL POLICY AREA NO. 75 City of Niagara Falls Official PlanExcerpt from SCHEDULE - A - FUTURE LAND USE PLAN K:\GIS_Requests\2019\Schedule\Zoning\05\bylaw_AM2019_005_ValleyWay.mxd AM-2019-005 ¹ 5/17/2019 1:nts 75 Area Affected by this Amendment Industrial Minor Commercial Open Space Residential NOTE: This schedule forms part of Amendment No. __ to the Official Plan for the City of Niagara Falls and it must be read in conjunction with the written text. Ā Page 145 of 380 MONTROSE RDC H I P PA W A C R E E K R D QUEEN ELIZABETH WYOAKWOOD DRMAP 2 TO AMENDMENT NO. 134SCHEDULE TO A TO THE OFFICIAL PLAN Proposed Change From: INDUSTRIALChange To: INDUSTRIAL AND SPECIAL POLICY AREA NO. 75 City of Niagara Falls Official PlanExcerpt from SCHEDULE - A - FUTURE LAND USE PLAN K:\GIS_Requests\2019\Schedule\Zoning\05\bylaw_AM2019_005_MontroseRd.mxd AM-2019-005 ¹ 6/13/2019 1:nts 75 Area Affected by this Amendment Environm ental Conservation Area Environm ental Protection Area Industrial Residential Welland River NOTE: This schedule forms part of Amendment No. 134 to the Official Plan for the City of Niagara Falls and it must be read in conjunction with the written text. Ā Page 146 of 380 CITY OF NIAGARA FALLS By-law No. 2019 - ___ A by-law to amend By-law No. 79-200, to introduce new definitions and regulatory provisions to address Single Room Occupancy (SRO) Housing (AM-2019-005). THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. SECTION 2 – DEFINITIONS of By-law No. 79-200 is amended as follows: a) by inserting the following: “2.52(a) “SINGLE ROOM OCCUPANCY BUILDING (SRO BUILDING)” means a motel, or part of a motel existing prior to June 1, 2019 providing Single Room Occupancy Units (SRO units) together with accessory uses 2.52(b) “SINGLE ROOM OCCUPANCY UNIT (SRO UNIT)” means an independent unit within a Single Room Occupancy Building (SRO Building) containing a habitable room and sanitary facilities, which is used as the primary residence of an occupant but does not constitute a dwelling unit.” 2. SECTION 4 – GENERAL PROVISIONS of By-law No. 79-200 is amended by and adding a new provision 4.25B as follows: “4.25B SUPPLEMENTARY REGULATIOINS FOR THE CONVERSION OF MOTELS TO SINGLE ROOM OCCUPANCY BUILDINGS: No person shall convert all or part of an existing motel to a Single Room Occupancy Building except in accordance with the following regulations: a) Lot frontage, front yard depth, interior side yard width, exterior side yard width, rear yard depth, height and lot coverage: as legally existing on June 1, 2019. b) Parking: the required minimum number of parking spaces shall be the same as the number of spaces as legally existing on June 1, 2019. 3. SECTION 8- COMMERCIAL ZONES of By-law 79-200 is amended as follows: a) Section 8.2.1 PERMITTED USES is modified by adding the following: Page 147 of 380 2 “(uu) Single Room Occupancy Building (SRO Building), subject to the provisions of Section 4.25B” b) New regulation 8.2.5 is added as follows: “8.2.5 REGULATIONS FOR SINGLE ROOM OCCUPANCY BUILDINGS: The regulations in clauses a to j inclusive of Section 8.2.2 shall not apply to Single Room Occupancy Buildings or Single Room Occupancy Buildings in combination with an existing motel. All of the supplementary regulations for Single Room Occupancy Buildings in Section 4.25B shall apply to Single Room Occupancy Buildings and single Room Occupancy Buildings in combination with an existing motel” c) Section 8.5.1 PERMITTED USES is modified by adding the following: “(nn) Single Room Occupancy Building (SRO Building), subject to the provisions of Section 4.25B” d) New regulation 8.5.6 is added as follows: “8.5.6 REGULATIONS FOR SINGLE ROOM OCCUPANCY BUILDINGS: The regulations in clauses a to j inclusive of Section 8.5.2 shall not apply to Single Room Occupancy Buildings or Single Room Occupancy Buildings in combination with an existing motel. All of the supplementary regulations for Single Room Occupancy Buildings in Section 4.25B shall apply to Single Room Occupancy Buildings and Single Room Occupancy Buildings in combination with an existing motel.” e) Section 8.6.1 PERMITTED USES is modified by adding the following: “(pp) Single Room Occupancy Building (SRO Building), subject to the provisions of Section 4.25B” f) New regulation 8.6.7 is added as follows: “8.6.7 REGULATIONS FOR SINGLE ROOM OCCUPANCY BUILDINGS: The regulations in clauses a to j inclusive of Section 8.6.2 shall not apply to Single Room Occupancy Buildings or Single Room Occupancy Buildings in combination with an existing motel. All of the supplementary regulations for Single Room Occupancy Buildings in Section 4.25B shall apply to Single Room Occupancy Buildings and Single Room Occupancy Buildings in combination with an existing motel.” Passed this XX day of XXXX, 2019. Page 148 of 380 3 XXXXXXXXXXXXXXX, JAMES M. DIODATI, MAYOR CITY CLERK First Reading: XXXXXX, 2019 Second Reading: XXXXXX, 2019 Third Reading: XXXXXX, 2019 Page 149 of 380 Page 150 of 380 Page 151 of 380 Page 152 of 380 Page 153 of 380 Page 154 of 380 Page 155 of 380 Page 156 of 380 Page 157 of 380 Page 158 of 380 1 CITY OF NIAGARA FALLS SINGLE ROOM OCCUPANCY BY-LAW No. 2019-XXX Being a By-law to provide for the licensing, regulating, governing, classifying and inspecting of Single Room Occupancy Buildings WHEREAS section 257.2 of the Municipal Act, R.S.O. 1990, c. M.45, as amended, provides that the Council of a local municipality may pass by-laws for licensing, regulating and governing any business carried on within the municipality. AND WHEREAS the Council of the Corporation of the City of Niagara Falls deems it desirable and expedient to license, regulate and govern lodging houses. NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: SECTION 1: SHORT TITLE 1.1 This By-law may be cited as the “SRO Licensing By-law” SECTION 2: ADMINISTRATION, INTERPRETATION AND ENFORCEMENT 2.1 This By-law applies throughout the City of Niagara Falls. 2.2 If any provision or part of a provision of this By-law is declared by any court or tribunal of competent jurisdiction to be illegal or inoperative, in whole or in part, or inoperative in particular circumstances, the balance of the By-law, or its application in other circumstances, shall not be affected and shall continue to be in full force and effect. 2.3 This By-law shall not be construed to reduce or mitigate any restrictions or regulations lawfully imposed by the City or by any governmental authority having jurisdiction to make such restrictions or regulations. 2.4 If there is a conflict between a provision in this By-law and a provision of any other City By-law, the provision that establishes the highest standard to protect the health, safety and welfare of the general public shall apply. 2.5 This By-law shall come into force on DATE SECTION 3: DEFINITIONS 3.1 For the purpose of interpreting the provisions set forth in this By-law, the following definitions shall apply: “Applicant” means a person applying for a license under this By-law “Clerk” means the Clerk of the Corporation of the City of Niagara Falls, or a person designated to act on their behalf “Council” means the Council of the Corporation of the City of Niagara Falls Page 159 of 380 2 “Licensee” means a person who holds a license, issued, valid and subsisting under the provisions of this By-law “Municipal Law Enforcement Officer” means a person who may from time to time be appointed by Council to the position of Municipal Law Enforcement Officer, or a person designated to act and to enforce the Municipality’s By-laws “Occupant” means a person who resides in a SRO Unit “Owner” means all persons shown by the records in the Registry Office or the Land Titles Office to be the owner at law of the property and also includes a person who, alone or with others, or through others: a) Provides the services of a SRO Building; b) Is entitled to any income from using, maintaining or operating a SRO Building; c) Manages or controls a SRO Building including, without limiting the generality of the foregoing, collecting or receiving rentals, fees or any other compensation paid by or on behalf of the Occupants or potential Occupants of the SRO Building; or, d) Has responsibility or control over the condition of a SRO Building, or the property “Property Manager” means an individual or individuals hired to oversee the day- to-day operations and management of a SRO Building containing more than ten (10) SRO Units “Single Room Occupancy Building (SRO Building)” means an existing motel, or part of an existing motel, providing Single Room Occupancy Units (SRO units) together with accessory uses. “Single Room Occupancy Unit (SRO Unit)” means an independent unit within a Single Room Occupancy Building (SRO Building) containing a habitable room and sanitary facilities, which is used as the primary residence of an occupant, but does not constitute a dwelling unit “Subject Property” means the lot on which a SRO Building sits SECTION 4: REQUIREMENTS FOR LICENSE 4.1 No person who owns, operates, maintains, or is a keeper of a Single Room Occupancy Building (SRO Building) which contains Single Room Occupancy Units (SRO Unit) shall operate or permit to be operated an SRO Building, without first obtaining a license under the provisions of this By-law. Page 160 of 380 3 4.2 No license issued under this By-law may be transferred by the owner to any other person or property without approval of the clerk and shall require an amended license. 4.3 Where a license has been issued under this By-law for the use, operation or maintenance of a SRO Building, no person shall use, operate, maintain, be the keeper of, rent, offer for rent or permit to be used, operated, maintained , kept, rented, or offered for rent that SRO Building and the SRO Units within that building, or any part thereof, except in conformity with the terms and provisions of the license and this By-law. 4.4 The requirement of obtaining a license under this By-law will be in addition to and not in substitution for any other requirement to obtain a license or licenses or any other regulatory approval under any other federal, provincial, or municipal regulation, and obtaining a license under this By-law does not remove any obligations to comply with other applicable law or standards. 4.5 It shall be a condition of every license that the License e shall, in carrying on the business to comply with the provisions of this By-law ensure such compliance by every other person involved in the carrying on of such business. SECTION 5: LICENSE APPLICATION 5.1 The application for licenses and the application for license renewals shall be made in person at the office of the Clerk and shall provide to the Clerk, or their designate, a completed application form which provides full disclosure of information, full responses to all questions, and all documents as c alled for as required by this subsection or as otherwise required by this By-law: a) The name and address of the owner as shown on the records in the Land Registry Office or Land Titles Office, referred to in this By-law as the registered owner, and the contact information for the owner; b) If the registered owner is a corporation, the name, address and contact information of all officers, directors and shareholders; c) If the registered owner is a corporation, the articles of incorporation; d) If the registered owner is a partnership, the name, address and contact information of the individual members of the partnership; e) The name, address and telephone number of the keeper, manager or operator of the SRO Building if it is not the same as the registered owner; f) The location of the SRO Building including address and legal description; g) The number of SRO Units available for use; h) The number of parking spaces available for use and, Page 161 of 380 4 i) The names and contact information for all support agencies and programs offering on-site services, if applicable 5.2 The application for license and the application for license renewals under this By - law shall be submitted together with the following: a) A plan of the building that includes building dimensions, the number of SRO Units, the location of indoor and outdoor amenity space, and the location of all parking spaces available on the property; b) Acknowledgement in writing from the Chief Building Official, or their designate, dated less than 90 days prior to the date of the application that the building on the subject property, and the contemplated use thereof, complies with the Ontario Building Code; c) Acknowledgement in writing from the Planning Director, or their designate, dated less than 90 days prior to the date of the application that the building on the subject property, and the contemplated use thereof, complies with the Zoning By-law d) Acknowledgement in writing from the Municipal Law Enforcement Officer, or their designate, dated less than 90 days prior to the date of the application that the subject property complies with the Property Standards By-law; e) Acknowledgement in writing from the Fire Chief, or their designate, dated less than 90 days prior to the date of the application that the Building on the subject property is suitable for the purpose of the license application and complies with all applicable fire regulations; f) Acknowledgement in writing from the Medical Officer of Health for the Regional Municipality of Niagara, or their designate, dated less than 90 days prior to the date of the application that the premises are suitable for the purpose of the license application and complies with all applicable health regulations and are in a sanitary condition; g) Subject to Subsection 6.2, the inspection certificates required for the purpose of 6.1 e), f) and g); h) Acknowledgement in writing by the Owner allowing the City and all appropriate authorities having jurisdiction, to enter the subject property, including the buildings or SRO Units thereon, in order to conduct the necessary annual inspections of the subject property to determine compliance with the requirements of this By-law to support license issuance or renewal; i) Proof of placement of insurance for the duration of the license period having a liability limit of not less than $2,000,000.00 (two million dollars) per occurrence for property damage and bodily injury. It shall be a requirement that the policy of insurance that the City be notified of any intended Page 162 of 380 5 cancellation by the insurer no less than fifteen (15) da ys prior to such cancellation; j) The names and contact information for all support agencies and programs offering on-site services, if applicable; and, k) The applicable fees. 5.3 No person shall knowingly give false information when applying for a license under this By-law. 5.4 Where the applicant or licensee meets all of the requirements of this By-law and the Property Standards By-law a license or renewal of a license, as the case may be, may be granted. 5.4 The Clerk may impose such additional conditions with respect to the issuance of a SRO License, as deemed necessary to ensure public safety. 5.5 If, in the opinion of the Clerk following a review of relevant investigations and/or inspections, the applicant’s actions are adverse to the public interest or to public safety, the Clerk may refuse issuance of the license. SECTION 6: LICENSE REQUIREMENTS 6.1 No license shall be issued and no license shall be renewed unless: a) The use and intended use of the subject property is permitted in accordance with the City’s Zoning By-law; b) The building and subject property is in compliance with the City’s Zoning By-law; c) The building on the property is in compliance with all standards which apply to the building at the time of license issuance or renewal as are prescribed by the Ontario Fire Code, O.Reg. 388.97; d) The building and subject property are in compliance with the City’s Property Standards By-law; e) An electrical inspection certificate is provided verifying the building on the subject property is in compliance with all standards which apply to the building at the time of license issuance or renewal as prescribed by the Ontario Electrical Safety Code, O.Reg. 164/99; f) An inspection certificate has been provided from a heating contractor, duly qualified under the laws of the Province of Ontario, that the heating system in the building on the subject property is in safe working order; g) An inspection has been completed by the Fire Chief, or their designate, and written acknowledgement has been provided verifying that the premises are in compliance with all fire regulations currently in force with the City; Page 163 of 380 6 h) If required, a change of use permit under the Building Code Act 1992, S.O. 1992, c.23 has been issued an any work required thereunder has been completed; i) All signs located on the subject property are in compliance with the City’s Sign By-law; j) An inspection has been completed by the Medical Officer of Health for the Regional Municipality of Niagara, or their designate, and written acknowledgement has been provided verifying that the building on the subject property and the subject property itself complies with all applicable health regulations, does not pose a health hazard and is in a sanitary condition; k) Proof of placement of insurance for the duration of the license period having a liability limit of not less than $2,000,000.00 (two million dollars) per occurrence for property damage and bodily injury. It shall be a requi rement that the policy of insurance that the City be notified of any intended cancellation by the insurer no less than fifteen (15) days prior to such cancellation; and, l) The fees required pursuant to this By-law have been paid. SECTION 7: APPEAL 7.1 Where the Clerk believes, for any reason, that an applicant or licensee would be disentitled to a license (or a renewal thereof) or an applicant or licensee should only be granted a license (or a renewal thereof) subject to conditions, or a license should be suspended or revoked, the Clerk shall submit the application and all investigative reports and no license shall be granted except in order of Council. 7.2 In considering a matter under this Section, Council may impose any conditions it sees fit as a requirement of obtaining, continuing to hold or renewing a license, including any condition which would otherwise contravene any other provisions of this By-law and, notwithstanding the generality of the foregoing, conditions may be imposed on the following grounds: a) To ensure the health and safety of any person; b) To control and abate nuisances; c) To protect consumers; and, d) To ensure the business is carried on in accordance with the law or with honesty and integrity. 7.3 Council shall not make a decision under this Section without first affording the person, licensee or applicant the opportunity to be heard. Page 164 of 380 7 7.4 After such an opportunity to be heard is afforded the person, licensee or applicant and considering any report of the Clerk, Council may make any decision in respect of which the hearing was held or the opportunity for hearing afforded without holding a further hearing or affording further opportunity for a hearing in such matter. 7.5 Notice of the decision of Council may be given by mailing a copy thereof by prepaid certified mail to the person, licensee or applicant at their last known address and, upon such mailing, any revoked, suspended or refused license shall be deemed to be revoked, suspended or refused, as the case may be. SECTION 8: FEES 8.1 No application for a license and no application for a license renewal shall be accepted unless it is accompanied by the application fee. Application fees are set out in Schedule A to this By-law and are subject to review and increase, as needed. 8.2 No license shall be issued under this By-law until the license fee has been paid in full. 8.3 Notwithstanding Subsection 8.1 and 8.2 above, there shall be no fee for a license if an application was made within one year of the passing of this By-law. SECTION 9: INSPECTIONS 9.1 Upon receipt of an application for a license or a license renewal, an inspection of the SRO Building and subject property will occur to determine whether such SRO Building complies with this By-law. The application will provide consent to authorize inspection of SRO Units at an agreed upon time. 9.2 The application form shall include permission for authorized persons to enter the subject property and buildings named in the application at any reasonable time to carry out any inspections. The Owner shall provide proper written notice to occupants of any inspection. 9.3 Every SRO Building shall be subject to at least one (1) scheduled Fire Services and Property Standards inspection each year. 9.4 In the event of a scheduled inspection set out in 9.3 above, the applicant shall provide an authorization from each Occupant of a SRO Unit for permission for authorized persons to enter all SRO Units on the property (at a time and day convenient to the City, the applicant and the Occupants). 9.5 Subject to Subsection 9.6, a Provincial Offences Officer or Municipal Law Enforcement Officer may (between the hours of 6 a.m. and 9 p.m. and upon Page 165 of 380 8 producing proper identification) enter upon a property and into buildings without a warrant to inspect a property for compliance with the provisions of this By-law. 9.6 Except under the authority of a search warrant, neither a Provincial Offences Officer nor a Municipal Law Enforcement Officer shall enter any room or place actually used as a SRO Unit without requesting and obtaining the consent of the occupier, having first informed the occupier that the right of entry may be refused and entry made only under the authority of a search warrant. 9.10 No person shall obstruct or attempt to obstruct a Provincial Offenses Officer or Municipal Law Enforcement Officer in carrying out a lawful inspection under this Section. SECTION 10: TERMS OF THE LICENSE 10.1 All licenses issued under this By-law shall expire one year from the date of issuance 10.2 Where a license is issued under this By-law, the license shall be displayed in a prominent location together with a list of any conditions imposed upon the license. The license shall indicate the following: a) The information set out in Subsection 5.1 d) e) and f); b) The maximum number of SRO Units permitted on the property; c) The license number; d) The date of issue; e) The date of expiry; f) The name of the owner or, where the owner does not reside in the City of Niagara Falls, the Owner’s agent who does reside in the City of Niagara Falls, and sufficient information to enable immediate contact with that Owner or Owner’s agent; and, g) The address of the property 10.3 Every license issued under this By-law is issued subject to the following requirements: a) The maximum number of SRO Units as provided for in the license is not exceeded; Page 166 of 380 9 b) That all Federal and Provincial laws and City By-laws, including this By-law, are complied with prior and subsequent to license issuance; and c) That no construction, renovation, alteration or addition is carried out on the subject property except in compliance with all laws and upon the issuance of all applicable permits. 10.4 Every Licensee shall keep and maintain the following written records for each Occupant and shall make these records available for inspection forthwith on the request of a Municipal Law Enforcement Officer: a) The full name of the Occupant(s) in each SRO Unit; b) The name, address and contact information of the next of kin or, where there is no next of kin, the number of someone to contact in the event of an emergency if such information is provided by the occupant after being requested to do so; 10.5 If, at any time after the issuance of a license, the owner or their agent, as the case may be, shall cease to reside in the City of Niagara Falls, the owner shall, within seven (7) days of such cessation, file with the City Clerk, a signed consent and appointment appointing some other person who is a Occupant of the City as agent for the owner. 10.6 Where a person has been appointed as agent by the owner, such person shall, for the purposes of this By-law, be deemed to have full authority to act as agent of the owner in respect of the operation of the SRO Building and shall be deemed to be an owner. 10.7 Every Licensee and applicant, as the case may be, shall within seven (7) days of any change occurring in any of the information on the City’s files, notify the Clerk in writing of such change, and provide full written disclosure to the Clerk of all relevant information existing after such change. SECTION 11: REVOCATION/ SUSPENSION 11.1 No person shall enjoy a vested right in the continuance of a license and, upon issuance, renewal, cancellation or suspension, the license shall remain the property of the City and Clerk may, by resolution, suspend or revoke any license issued under this By-law, in its complete discretion. 11.2 The exercise of the discretion of the Clerk to refuse, suspend, or revoke a license under this By-law shall be based on: a) The breach of an owner of any By-law of the City, including this By-law, or any statute or regulation of the Province of Ontario; Page 167 of 380 10 b) The failure of an applicant or license holder or owner or property to meet, at any time, any of the requirements of this By-law or any conditions imposed on a license issued under this By-law; c) The submission of false information filed in support of a license or license renewal; d) The applicant or license holder is incompetent in a manner that affects the safety, health or welfare of the public, including the safety, health or welfare of a Occupant; e) The applicant has been found to have discriminated against a member of the public or a Occupant contrary to the Human Rights Code; f) The protection of the health and safety of any person; g) The control or abatement of nuisance; h) The protection of consumers; or, i) Upon the grounds that the conduct, including the officers, directors, employees or agents of a corporation, affords reasonable cause to believe that the person will not carry on or engage the business in accordance with the law or with honesty and integrity. SECTION 12: REGULATIONS 12.1 Every SRO Building or part thereof (including individual SRO Units) shall be in compliance with applicable laws and this By-law. 12.2 The operator shall ensure that a SRO Unit provides the following: a) a private bathroom; b) a refrigerator or mini-fridge; and, c) an area for food preparation and consumption (which may include a counter or table and chairs, with or without a sink) 12.3 No person shall use or permit the use of an appliance in an SRO Unit that may create a fire hazard; 12.4No person shall own, use, operate, maintain, be keeper of, rent, offer for rent or permit to be used, operated, maintained, rented or offered for rent a SRO Building or any part thereof which contains more than ten (10) units, without providing a designated on-site property manager at all times. Page 168 of 380 11 12.5 No person shall own, use, operate, maintain, be keeper of, rent, offer for rent or permit to be used, operated, maintained, rented or offered for rent a SRO Building or any part thereof without providing adequate vital services to each occupied SRO Unit. 12.6 Every Occupant shall be provided with a secure location or manner in which to receive personal mail. 12.7 Every window and exterior door that is capable of being opened and that is accessible from outside a SRO Unit shall be equipped so that it can be secured from the inside. 12.8 Each SRO Unit shall be capable of being locked from the outside and the occupant shall be provided a key to any lock used to secure the SRO Unit. 12.9 Every owner of a SRO building shall provide a functioning telephone that is accessible to all Occupants at all times for emergency use and shall post a list of local emergency numbers in close proximity to the telephone. 12.10 Every owner of a SRO building shall post a fire safety plan, approved by the Fire Chief for the City, or his/her delegate, in a conspicuous place on the property. 12.11 If there are support agencies and programs offering on-site services, the names and contact information as well as the location of such service on-site shall be posted 12.12 A copy of this By-law shall be provided to every existing and new Occupant. SECTION 13: OFFENCE/ PENALTIES 13.1 Subject to articles 13.2 and 13.2, every person who contravenes any provision of this By-law is guilty of an offence and is liable upon conviction to a penalty in accordance with the Provincial Offences Act 13.2 Every person who fails to comply with the provisions of this By-law,shall be liable to a fine not exceeding $50,000 for the first offence and to a fine of not more than $100,000 for a subsequent offence . 13.3 If a corporation is convicted of an offence under subsection 13.1, the maximum penalty that may be imposed on the corporation is $100,000 for a first offence and $200,000 for any subsequent offence. By-law read a first, second and third time and finally passed this XX day of XXXXXXXXX, 2019. Page 169 of 380 12 Page 170 of 380 13 SCHEDULE A- FEES Number of SRO Units License Fee 1-10 $200.00 11-20 $250.00 21-30 $300.00 31-40 $350.00 41-50 $400.00 51-60 $450.00 Over 61 SRO Units $500.00 If support services and programs provided are provided on site Fee is waived Page 171 of 380 To Whom It May Concern: Planning File: _ s 4 C— qj97_;V?-00S DPP 13 q My name is Art Federow and I offer this written submission with comments, concerns and observations pertaining to the Zoning by-law amendment No. 79-200 Single Room (SRO) occupancy units. I have serious concerns about the approach City Council is using in an attempt to solve a national Homelessness problem with local by-laws. I am in full agreement that society is facing a homelessness crisis. However, the study on which this by-law is premised is inadequate, lacking in several key areas, and should be expanded before any action is taken based on it. Additionally, as currently written, the proposed by-law has a punitive effect on redevelopment while rewarding property owners currently operating in violation of current prohibitions against SRO units. There has been a lack of transparency in both the study and the development of the SRO by-laws. I believe that when this study was initiated the adjacent land owners of these Motels proposed to be SROs should have been given notice of the study to have the opportunity to participate in the study. I know from personal experience that Motels currently operating as illegal SRO units have a tremendous adverse effect on adjacent land owners. Specific notice should have been provided to land owners who will be the most impacted from a value perspective by decisions made by council moving forward on this matter. The lack of accessibility to the study is also troubling. It is also difficult to fathom in this electronic media age that a by-law with such far reaching economic undertones is only available in hard copy to review. This discourages review and comment leaving the public uninformed, and consequently the City Council uniformed of their constituent's opinions. The ease with which the 100 pages plus could be scanned and posted to a public web site almost leads to the conclusion it was not intended for wide distribution and comment. Despite the need to travel to City Hall to read the study and proposed by-law I would like to thank the City staff who were gracious enough to take time to provide me with a copy of the report and have a quick overview discussion. After a review of the report it is evident there are important Data missing. The most glaring data that is absent is of definition "Who are the homelessness"? How can a report be formulated to help the Homeless when there is no underlying data to reflect the causes? No suggestion to deal with those problems? Or, how this proposed by-law will do anything to resolve these issues. I believe the cart is in front of the horse with the absence of this data. If you do not deal with the root causes you solve nothing. The problem we face now will only get larger. Fred Victor is a charitable organization that fosters long lasting and positive changes in the lives of homeless and low income people living across Toronto. Their board of Directors is a very reputable who's who of the Toronto business world. Data from their website indicate 75 % of people experiencing homelessness struggle with Mental Illness. This is significantly absent of mention in this report as is Drug/Alcohol addiction or Child and Family Services. At a minimum, a data point that should be included in both this report, and any subsequent decision, on the cost and burden SRO units put on city services in terms of Police, EMS, or fire department. The current study is absent of historical data on Police calls, EMS calls, Prostitution etc, data that is well documented. Page 172 of 380 There are 3 properties masquerading as SRO's and renting to the vulnerable people around our properties. Two Motels and one house. The EMS and Police are there once a week. What Psychologist would suggest that putting people with Mental illness, Drug addiction and/or Alcohol addiction together under one roof is a good idea and think they have a chance at rehabilitation and that at some point there is not going to be consequences? Why nothing on root cause? Could this be the reason for that data's absence? These are the questions and solutions you need to tackle before all else if you real want to effect change. The report should ask for information to quantify the number of people living in these units or what are the conditions (substandard) those vulnerable people are living in? Is that not more important? You can house 100 % but when you ignore their current living conditions you now become part of the problem. I turn my comments now to specifics that pertain directly to properties I own that are currently effected by an SRO operating in violation of current by-laws. I additionally would like to share my observations of what an SRO brings to an area. My examples are all real, personally witnessed, and immediately susceptible to verification. My first concern is in regard to my property at 3769 Macklem Street which abuts the Surf Side Inn located on the corner of Macklem and Mechanic Street in Chippawa. The Surfside Inn is currently operating as a SRO in violation of several City by-laws and ordinances and in my opinion is another Brookfield Street situation. Although I will give many examples of non-compliance and what I believe is a vacant landlord taking advantage of the vulnerable, my main concern second to the Main By-law itself is the Single Room Occupancy demolition control By-law which prohibits demolition to redevelop without replacing those rooms. In the event of an investor wanting to redevelop this particular area would they be held to this By-law as there is a RSC Zoning in place in that event of demolition ? Clarification of this situation is of the upmost importance. I am part of a group that own 4 of the 6 properties (zoned RC5) located on Macklem Street between Mechanic and Portage Road. Several years back, the 6 properties along Portage, Macklem and Mechanic went through the Planning process to be rezoned 115C from Tourist Commercial. In recent discussion with City staff it was confirmed those properties are still able to operate in a Legal Non- conforming capacity under their old designation Tourist Commercial until such time as buildings are demolished and redevelopment occurs and then at such time 115C must be built. This proposed By-law, if implemented, the demolition provision would render our properties far less valuable as very few investors would engage in a costly provision of that nature to supply equal amount of replacement units in the event the current owner wished to sell his Motel in the future. Also, having a permitted use of this nature next door greatly increases the difficulty of attracting investors, or if developed in smaller parcels, attracting people to rent new constructed units or selling the RC5 Condo units if built under that zoning. Page 173 of 380 The 2 By-laws PBD2018-51 and the demolition control By-law in this situation has the potential to create millions of dollars in lost profits, stifle future redevelopment, employment and taxes, which a redevelopment of the area could otherwise possibly be the catalyst of revitalizing the local Chippawa Square and community. On the specific conditions currently existing at the Surfside Inn, I been repeatedly told there is NO Hot water in the back units of the Surf Side Inn. The rodents are quite visible and tenants say they hear them running all night in the attic. I am sure the attic is full of years of urine and feces. Where is the Health Department? Garbage is everywhere and continually thrown on my property as the out of town owner does not supply a dumpster. I have called the City numerous times without enforcement or satisfactory resolution. When I confront the tenants there is verbal aggressive denial. When I confront the owner his response is "No, no not my Garbage not my Problem." When 1 call the By-law department they say technically he is right (now that they threw it on my property it is now responsibility). "Where is the By- law department?" and what is its true purpose? The eve troughs on the back side of the Surfside Inn are actually completely full of small trees which restricts any water from being directed away and overflows, flooding our houses in behind. All you have to do is look at the roof on the back side and I say no more. Upon request I will point out to you the holes for the animals to come and go. Where is Property Standards? The rats have ate a 6 inch hole in 3/4 inch plywood where some throw their garbage if not on my property. Clear evidence of rodent problems. The pure fact that action by the City is complaint driven allows these out of town slum lords to take advantage of the vulnerable. Tenants are afraid to say anything for fear they will be living on the streets again. So no hot water, rodents, leaks, moisture and mold no garbage deposal are all ignored. The vulnerable are not going out to eat they are cooking in the rooms putting everyone at risk. Where is Fire Prevention? What is wrong with this picture? We all need to open our collective eyes. Motel owners cry the blues they cannot make ends meet with these market conditions. Let's look at that scenario. They are willing to take $600 to $800 a month per room. That works out to 20 to $26 dollars a day. With 14 million visitors a year they must be in denial as any visitor would gladly pay anything under $100 a night if the place was in good repair and clean. As Paul Harvey used to say and now we now the rest of the story. The land lords do not want to take care of the place or the people in it, they just take money. To state that new policies will be put in place to monitor building neglect and health care are meaningless. We do nothing now to enforce the By-laws we have which is contributing to those filthy conditions. Page 174 of 380 Anybody who believes a slum lord is going to have trained people on staff to deal with crisis situations as they arise is nothing more than putting their head in the sand. There will be a hot line number, on the wall. No mention again of the root problems that need attention, just reference to trained people to deal with crisis situations. Is that not admitting in itself that there are going to be problems? Homelessness if far more than this By-law. I believe upon passing this By-law you will be creating pockets crime, devaluing the real estate around those areas where these Motels are located. Help the homeless and vulnerable by cleaning up the derelict properties they are living in now. Direct your efforts and spend money to deal with the root causes . Do not create a boiler plate of mixed medical conditions at different locations and no plan beyond a By-law change. Stop selling Old Hospital's, Schools, Police Stations and start retrofitting them with the accommodation's and services needed to help people. Get a real report done not one that caters to the superficial solution Page 175 of 380 MHBC PLANNING URBAN DESIGN • LANDSCAPE ARCHITECTURE 1-1.201`1 O( -j, KITCHEVER WOODBRIDGE LONDON KINGSTON BARRIE BURLINGTON To: Alex Herlovitch and Francesca Berardi CC: Mayor Jim Diodati and Members of Council From: Dana Anderson and Kelly Martel Date: June 17, 2019 File: 0947D Consultation Summary Update and Official Plan Amendment, Zoning By-law Subject: Amendment and Licensing By-law Documents- City of Niagara Falls Boarding House Interim Control Study In January of 2018, the City of Niagara Falls retained MacNaughton Hermsen Britton Clarkson Planning MHBC) and SHS Consulting (SHS) to study the Issue of the use of motels throughout the City providing long-term residential accommodation and develop a strategy on how to address and mange this use. The work program for the study involved the following: The formation of a Technical Advisory Committee (FAC), to provide input into the study process and ensure a balanced perspective is maintained, consisting of a variety of representatives from various City departments, the local business community (Lundy's Lane Business Improvement Association), Regional Police, City of Niagara Falls Fire, Councillor Wayne Campbell and Region of Niagara Planning and Development and Community Services Department; The completion of a Background Research and Analysis Report, which examined the existing legislative, regulatory and policy framework at various levels of government related to the motel issues; and, explored the issue at a broader scale, identifying 'best practice' examples of potential approaches to regulation; A site area visit and high-level property inventory; Consultation with representatives from community organizations, local business owners and Region of Niagara Community Services; Facilitating a workshop with the TAC to understand varying perspect0es and interests on the issue in order build consensus and identify solutions and approaches to regulation within the City of Niagara Falls context; and, The preparation of a series of options for consideration and recommendations for implementing a local policy and regulatory framework. The findings of the study and recommended option were presented to Council for endorsement in November, 2018, at which time Council recommended that additional consultation be conducted and made a motion to direct staff to: VE JUN 1 7 2019 204-442 BRANT STREET / BURLINGTON / ONTARIO / L7R 264 / T 905 639 8686 / F 905 761 5589 / Page 176 of 380 Obtain input from all Business Improvement Agencies (BIAS) and other stakeholders; Obtain further input from local agencies; Survey the public via the City's website; and, Hold a public information meeting. The additional consultation activities held occurred as follows: Facilitated workshop with BIAS and local agencies: March 18, 20191; Public information meeting: March 18, 2019; Online survey: March 4 March 22,2019; Telephone interview with representatives from Niagara College Student Services and International Division: April 15, 2019; Site visit and interview with Carriage House operator: April 17, 2019; and, Telephone interview with resident of a motel property within the City: May, 2019. Feedback received from the additional consultation can be summarized as follows: Motel units located throughout the City are utilized for long-term residential purposes, including providing accommodation to members of the community who cannot otherwise obtain traditional market rental housing as well as international students attending Niagara College; Prohibiting the use would have implications for street homelessness; Prohibiting the use could have implications for finding accommodations for international students; Prohibiting the use could have financial implications for those owners operating motels for extended stay during off-season; The proposal should not result in displacement of those currently residing in motels; Regulations should be introduced to bring units up to an appropriate standard; Any regulations considered should aim to strike a balance between providing for a certain level of safety for occupants while ensuring that compliance does not become cost prohibitive for the operator, Regulations should ensure that property standards can be enforced; A commitment to providing additional staff resources to enforce regulations and issue licenses is required to ensure effectiveness; Compliance with building and fire code is needed; Any framework should consider the social lens and the Ontario Human Rights Code; There needs to be flexibility for owners to operate in away that best suits their business model; Where possible, there should be a space on site to provide support functions for occupants; There should be additional security measures required on-site for larger properties; An established set of rules and regulations will be helpful to manage the use moving forward; Requirements for amenity space and minimum unit size may be too difficult to enforce due to the large variety among the existing stock; There is general support for the SRO concept, legalization and regulation among those who responded to the online survey; and, Invitations were circulated via e-mail to all BIAS as well as representatives from Project Share, YWCA, Boys and Girls Club NightlightYouth Services, Niagara Falls Community Health Centre, and Niagara Regional Police. Representatives from the Victoria Centre BIA, Lundy's Lane BIA, YWCA, Boys and Girls Club, Niagara Falls Community Health Centre and the Niagara Regional Police attended the session. 2 The Contextual Analysis and Recommendations Report presented to Council in November of 2018 provides a fulsome summaryof the feedback received during the initial consultation completed as partof this project. Page 177 of 380 Introducing a demolition and conversion control by-law is premature. The recommended framework presented for approval has been modified from the option presented in November 2018 to reflect the feedback received during the additional consultation undertaken, as directed by Council and can be summarized as follows: 1. Existing motel establishments within the Tourist Commercial (TC), General Commercial (GC) and Central Business (CB) zones, as well as 5551 Valley Way and 8675 Montrose Road and 8004 Lundy's Lane (Carriage House Motor Lodge), are permitted to provide residential accommodation in the form of a Single Room Occupancy (SRO) Building providing Single Room Occupancy (SRO) Units, either in whole or in part. NOTE: The previous option presented to Council provided for 10046 conversions only. Comments received from the Lundys Lane BIA, as well as through the online survey, indicated that a hybrid model would be more preferred. The revised recommendation responds to comments from local business owners and operators respecting flexibility for operating to best suit business need by allowing full or partial conversions. Two properties which provide long-term residential accommodation are not located within a commercial land use designation and, as a result special exceptions are required to permit the use. Additional discussions with the operator of the Carriage House also led to including a special exception for the use on that specific property to permit the use on that site due to the prior rezoning received which applies a residential (R5C) zone. 2. SRO Units and SRO Buildings shall be further regulated through the Zoning By-law and Licensing By-law NOTE: The previous option presented to Council recommended amending the Zoning By-law and introducing a Licensing By-law to regulate the use. These have both been refined through the additional work undertaken since November. The feedback obtained through the online survey, stakeholders and those who attended the Public Information Centre indicates that the majority of those we have consulted believe that regulating the use is important. The proposed Zoning By-law Amendment and Licensing By-law will provide for a level of regulation for SRO units that is enforceable, ensures the safety of the occupant and considers cost implications for operators. 3. SRO Units and SRO Buildings are not subject to demolition and conversion control NOTE: The November 2018 option included a recommendation that the SRO units and buildings be subject to demolition and conversion control which would prohibit demolition or redevelopment of these properties without providing for replacement units. Feedback received indicated that applying a specific demolition and conversion control by-law for SRO units and buildings, outside of a broader municipal study to examine demolition and conversion control and protection of residential rental units city-wide, was premature. 4. Parking, lot frontage, front yard depth, interior side yard width, exterior side yard width, rear yard depth, height, lot coverage are all permitted as legally existing NOTE: It would be difficult, and cost prohibitive to the operator, to introduce a set of new standards which would apply to these buildings given they are already existing structures. As a result, the recommended option allows for the conditions as legally existing on the day of the passing of the By- law to continue to apply. Page 178 of 380 5. Accessory uses (e.g. a converted motel unit to provide common amenity space or community use) are permitted NOTE: Through discussions with community organizations, as well as during site visits, it was revealed that some of these buildings provide additional services in the form of community rooms, a common kitchen and a food1donation area. Retaining and permitting these elements within the building was identified as important by many stakeholders representing a variety of interests. This was also reinforced by members of the public who attended the Public Information Centre on March 18t^ who indicated that regulations should provide an opportunity for common space and community uses on site. 6. Any person wishing to operate with SRO Units, in whole or in part, must obtain a license to do so NOTE: Through consultation undertaken through earlierphoses of the project, as well as the additional consultation undertaken as directed by Council, there was a general consensus that additional oversight should be required for this use to ensure each operation is in compliance with a clearly defined set of regulations. Much of the feedback obtained from those consulted with respect to standards foroperation has been included within the Licensing By-law. The Licensing By-law includes the following requirements, among others: Compliance with the Ontario Building Code; Compliance with the Fire Code; Compliance with the ProperryStandards By-law, Acknowledgement from the Medical Officer of Health of compliance with applicable health regulations and that the premises are in a sanitary condition; Verification from an electrician that an electrical inspection has occurred and the property is in compliance with the applicable standards set out in the Ontario Electrical Safety Code; Verification from a heating contractor that the heating system is in safe working order, A nn ual inspection by Fire Services and Property Standards; Individual units are to contain a private bathroom, a refrigerator or mini -fridge and an area for food preparation and consumption; and, On-site2477property managerrequiredforanyproperrycontaining more than ten (10)units. Page 179 of 380 June 25, 2019 Mayor Jim Diodati & Members of City Council City of Niagara Falls 6310 Queen Street Niagara Falls, ON L2E 6X5 Dear Mayor Diodati & Members of City Council, Re: City of Niagara Falls – PBD-2019-39, Final MHBC Boarding House Study In January 2018 the Technical Advisory Committee, which included the LLBIA, was created to address the very complex issue of the Boarding House Interim Control By-law Study. Throughout the process it became very clear that this is more than a city-wide problem and that there is no single straight forward solution to tackle the issue of regulating extended stay operations in the lodging sector. What may work best in predominately non-tourism areas is not what is realistic in predominately tourist commercial areas. The Lundy’s Lane BIA has reviewed the Final MHBC Boarding House Study and can not support a city-wide adoption of the ‘as of right’ proposed SRO Units / SRO Building model. Commercial / Tourism-Commercial zones need to focus on economic development. The Lundy’s Lane BIA is mandated to develop, create and maintain a healthy environment for business to prosper and ultimately benefit the community as a whole. The LLBIA is very proud of our strong working relationship with Council and staff on the development of strategic plans like the Lundy’s Lane Streetscape Master Plan and Community Improvement Plan. These initiatives are to develop an enhanced public realm as well as incentivization for new investment and Façade & Landscape Improvement Grants to help spur the private sector. The LLCIP promotes residential intensification along the Lundy’s Lane corridor in accordance with the Urban Design Guidelines that have been laid out to ensure a healthy and vibrant community to live and do business in. The adoption of this city-wide ‘as-of-right’ proposal will greatly affect the confidence of investors and create a high level of uncertainty amongst current business operators in the City’s vital Commercial / Tourist Commercial Zones. Though unintended, this proposal will have significant detrimental long-term effects that will seriously hinder positive growth and create a whole slew of new problems. Council must resist this ‘easy fix’ approach to deal with the issues that currently exist in affordable social housing. The Lundy’s Lane BIA has been on record since day 1 that the BIA is very willing to be part of any task force or initiative that looks at developing sustainable and livable affordable housing in Niagara. Please advise as to how the LLBIA can further assist in the process. Best Regards, David Jovanovic Tish DiBellonia Project Administrator, Chair, Lundy’s Lane BIA Lundy’s Lane BIA 905-401-8247 905-371-8579 Page 180 of 380 I 6815 StanleyAvenueNiagaraFalls,OntarioL2G3Y9T:905.357.6222 ext.7234VictoriaCent”BIA Top0fC|iftionHil|.com June 25,2019 Mayor Jim Diodati &Members of City Council City of Niagara Falls 6310 Queen Street Niagara Falls,ON LZE6X5 Dear Mayor Diodati &Members of City Council, Re:City of Niagara Falls —PBD—ZO19-39,Final MHBC Boarding House Study in January 2018 the Technical Advisory Committee,which included the LLBIA,was created to address the very complex issue of the Boarding House Interim Control By—lawStudy.Throughout the process it became very clear that this is more than a city—wide problem and that there is no single straight forward solution to tackle the issue of regulating extended stay operations in the lodging sector.What may work best in predominately non—tourism areas is not what is realistic in predominately tourist commercial areas. The Victoria Center BIA has reviewed the Final MHBC Boarding House Study and can not support a city—wide adoption of the ‘as of right’proposed SRO Units /SRO Building model.Commercial /Tourism—Commercial zones need to focus on economic development.The Victoria Center BIA is mandated to develop,create and maintain a healthy environment for business to prosper and ultimately benefit the community as a whole, The VCBIAis very proud of our strong working relationship with Council and staff on the development of strategic plans like the Victoria Center Streetscape Master Plan and Community improvement Plan.TheseinitiativesaretodevelopanenhancedpublicrealmaswellasincentivizationfornewinvestmentandFacade&Landscape improvement Grants to help spur the private sector.The VCBIApromotes residential intensification along the Victoria and Ferry Street corridor in accordance with the Urban Design Guidelinesthathavebeenlaidouttoensureahealthyandvibrantcommunitytoliveanddobusinessin. The adoption of this city—wide’as~of—right'proposal will greatly affect the confidence of investors and create ahighlevelofuncertaintyamongstcurrentbusinessoperatorsintheCity's vital Commercial /Tourist Commercial Zones.Though unintended,this proposal will have significant detrimental long—termeffects that will seriously hinder positive growth and create a whole slew of new problems.Council must resist this ‘easy ?x’approach to deal with the issues that currently exist in affordable social housing. Please advise as to how the VCBIAcan further assist in the process. Victoria Centre BlAPage 181 of 380 I 6815 StanleyAvenueNiagaraFalls,OntarioL2G3Y9T:905.357.6222 ext.7234VictoriaCent”BIA Top0fc|iftionHi||.com Scotiabank Convention Centre 6815 Stanley Avenue,Niagara Falls L2G 3Y9 Phone:905-357-6222 x 7234 Cell:905-714-3828 www.TogOfCliftonHil|.com CLIFTONHILLDISTRICT—VICTORIAAVENUE Cc Eric MarconPage 182 of 380 Planningnnn_d File:, 0 510. File AM 2019005: Single Room Occupancies Converting motels into "single room occupancy units", also referred to as boarding houses, is an admirable effort to provide affordable housing for those less fortunate in our community. This could also be a viable option for the owners of these motels that cannot compete in today's tourist market. These motels are all located in an area that is already zoned for this type of commercial venture, an area unlike a residential area where neighbours and other businesses expect heavier traffic and higher density accommodations. Yet, much concern has been expressed by businesses and neighbours in the vicinity of these motels. Problems associated with a different clientele, the fear of these units falling into a state of disrepair, and the distinct possibility of property depreciation, and loss of business pose legitimate questions for these neighbours. My street however is a quiet residential area, where you would not expect these type of problems, but we have been plagued with these same concerns, associated with the residents that would be considered a boarding house. Turning a 5 -bedroom house into an 8 -bedroom house to accommodate up to 11 boarders, cramming 6 cars into a driveway at night to avoid overnight parking fines, then moving them onto the public street during the day, and the extreme traffic and noise associated with the excessive occupancy of this house has led to an untenable situation for the residents at the end of this quiet crescent. If you are going to resolve these problems associated with "single room occupancies" in our commercial zones then you must address these same problems that occur in our residential zones, where residents should not have to put up with this incursion into their neighbourhoods. Since "single room occupancy" rentals have also been referred to as "boarding houses" and since we presently do not have a bylaw to regulate boarding houses, I would ask city staff to implement a zoning and licensing bylaw, to regulate this type of housing, not just for these motels but for all buildings in our city that fit the definition of a boarding house. Thank you, Ross Hicks 6159 Harvey Street,L2J2A9 905)-354-9946 MAR 19 2019 Page 183 of 380 March 17, 2019 Mr. John Barnsley Manager of Policy Planning Re: Single Room Occupancy Buildings and Units Dear Sir I live in an area zoned residential and expect to have a particular quality of life associated with home ownership. Granted everyone needs a place to live but not at the expense of other people. The City of Niagara Falls has deleted the term "family" from the bylaw regarding renting rooms within a private residence. Unfortunately, this amendment is being abused by some home owners causing great discord within the surrounding community. My neighbour at 6169 Harvey Street is one such abuser and has more tenants than there are parking spots. The street I live on is now no longer a street but a permanent parking spot for the tenants. Due to the number of cars (six) the activity is constant and the view is of cars parked in front of my house for as long as twelve hours. If there is not enough room with their friends visiting, they have encroached the bottom of neighbour driveways and tensions have spilled out to the street. The abuser at 6169 Harvey Street is not licensed by the City thus denying the City access to view the premises after numerous complaints from neighbours. With the City of Niagara Falls deleting the term 'family' from the law regarding renting rooms in private residences, and not requiring these landlords of private residences to be licensed, failure has resulted in several areas. Safety: No licensing means no inspection of premises regarding fire issues. Street Issues: No licensing means cramming tenants into a house regardless of space for their vehicles causing the street becoming a parking lot. After constant complaining from neighbours, 'no parking' signs had to be erected. Waste management vehicles have had problems and neighbours are concerned of large emergency vehicles such as fire trucks not being able to access homes near the abuser. Peace: There is discord within the community here and anger towards the City. Property Values: Due to unsightliness of the increased number of cars, house values has dropped. We would like the City to require a license by private home owners renting to non family and ensure that free standing parking is a requirement. My quality of life has eroded to a certain point due to the City neglecting to have these people licensed and to ensure particular rules regarding parking are applied to these people. Thank you. Janice Opie 6189 Harvey Street Page 184 of 380 June 25, 2019 Mayor Jim Diodati & Members of City Council City of Niagara Falls 6310 Queen Street Niagara Falls, ON L2E 6X5 Dear Mayor Diodati & Members of City Council, Re: City of Niagara Falls – PBD-2019-39, Final MHBC Boarding House Study Yesterday we became aware of the above referenced report being presented at city council tonight. In January 2018 the Technical Advisory Committee was created to address the very complex issue of the Boarding House Interim Control By-law Study. Throughout the process it became very clear that this is more than a city-wide problem but is in fact is at minimum a province wide problem. There is no single easy solution to solve this issue. There is concern that this, as presented, is not a realistic solution in predominately tourist commercial areas. The Fallsview BIA does not support a city-wide adoption of the ‘as of right’ proposed SRO Units / SRO Building model. Commercial / Tourism-Commercial zones need to focus on economic development. The adoption of this city-wide ‘as-of-right’ proposal will very likely affect the confidence of investment and create much uncertainty amongst the City’s Commercial / Tourist Commercial business operators. We feel that this proposal could have significant negative long-term effects on growth and create a new set of issues. We are asking that the proposal as it exists be dismissed. Developing affordable housing is a critical need, however, we do not feel that this is the solution. Best Regards, Sue Mingle Executive Director, Fallsview BIA Page 185 of 380 PBD-2019-43 June 25, 2019 REPORT TO: Mayor James M. Diodati and Members of Municipal Council SUBMITTED BY: Planning, Building & Development SUBJECT: PBD-2019-43 Amendment to the Lundy’s Lane Community Improvement Plan and Improvement Plan Area Boundary Applicant: City of Niagara Falls RECOMMENDATION It is recommended that: 1. Council approve an amendment to By-law No. 2018-31 to revise the Lundy’s Lane Community Improvement Area Boundary and an amendment to the Lundy’s Lane Community Improvement Plan to add a new multi-unit residential use as an eligible cost under Section 3.2.3 ‘Tax Increment-Based Grant’. 2. The amendments be adopted at the July Council meeting. 3. The amendment to the Lundy’s Lane Community Improvement Plan be submitted to the Province for review under Section 28(5) of the Planning Act. EXECUTIVE SUMMARY The amendments to the Lundy’s Lane Community Improvement Plan Boundary Area and the Tax Increment Based Grant Incentive of the Community Improvement Plan can be supported as they:  implement the vision and guidelines of the Lundy’s Lane Community Improvement Plan to encourage residential use on properties without affecting commercial function of Lundy’s Lane;  are in conformity with the Community Improvement policies of the City’s Official Plan;  are consistent with the 2014 Provincial Policy Statement which recognizes the vitality of settlement areas which are critical to the long-term economic prosperity of our communities; and  are consistent with Section 28 of the Planning Act which permits a Municipal Council to pass a bylaw for the preparation of, or amendments to, a Community Improvement Plan or Community Improvement Plan Area. BACKGROUND City Council adopted the recommendation of PBD-2019-12 to initiate an amendment to the Lundy’s Lane Community Improvement Plan (CIP) to add residential uses under the Page 186 of 380 2 PBD-2019-43 June 25, 2019 Tax Increment-Based Grant Incentive program and to add 5873 Brookfield Avenue to the Lundy’s Lane Community Improvement Area Boundary identified under By-law 2018-31. As part of its review, Staff also identified additional properties, similar to 5873 Brookfield Avenue which may benefit from the amended Incentive Program and inclusion within the Lundy’s Lane Community Improvement Area Boundary. These additional properties are designated Tourist Commercial in the Official Plan, do not front directly onto Lundy’s Lane and are adjacent to the current CIP Boundary. The Owners of these propertie s were contacted directly by mail and invited to provide their comments through the open house, public meeting or directly to Staff. A Community Improvement Plan is a statutory document prepared under the Planning Act and is subject to the same notification processes as amendments to an Official Plan amendment. Public Consultation and Circulation Comments An Open House was held on June 10th to present the public with the basis and details of the Community Improvement Plan Amendment. A representative of the Lundy’s Lane BIA and a resident were in attendance. No objections were received. Subject to the input received at this evening’s Public Meeting, amendments to the CIP and the CIP Boundary Area By-law will be forwarded to the next Council meeting for approval. ANALYSIS/RATIONALE The Lundy’s Lane Community Improvement Plan (CIP) was adopted in 2018 to stimulate the beautification and rehabilitation of properties along Lundy’s Lane through a package of incentive programs for private properties. The incentive programs were designed based on a suite of guiding principles including one that Lundy’s Lane continue to function as a key tourism destination and corridor. Residential intensification along the Lane was envisioned and encouraged through mixed development, where a commercial function would remain on the ground floor or along the frontage of a property. Planning Report PBD-2019-12 considered the direction of Council to create an incentive for residential only development in association with the guiding principles of the CIP and recommended an amendment to the Tax Increment Based Incentive. The proposed amendment to the Tax Increment Based Incentive Program would allow certain properties within the CIP Area to seek an incentive for a residential development without the requirement for a commercial component. In keeping with the vision and guiding principles of the CIP and the comments of the Lundy’s Lane BIA, the residential only incentive would only be available for multi-unit development that meet Official Plan density targets on properties that do not front directly onto Lundy’s Lane. Page 187 of 380 3 PBD-2019-43 June 25, 2019 An amendment to the CIP Boundary Area as adopted under By-law No. 2018-31 is required to include 5873 Brookfield Avenue and thus make the development of these lands eligible for the Tax Increment Based Incentive Program. Through its review, Planning Staff have identified additional properties with similar characteristics to 5873 Brookfield Avenue that could be considered for inclusion within the CIP Boundary Area. All of these properties are designated Tourist Commercial in the Official Plan which focuses on tourism related uses but does allow residential uses that do not interrupt the continuity of the commercial corridor. These properties are all adjacent to the current CIP Boundary and, in some cases, were originally considered for inclusion in the CIP but were excluded because they did not front directly onto Lundy’s Lane. The properties under consideration are identified on Appendix A. FINANCIAL IMPLICATIONS The Tax Increment Based grant is confirmed when construction is completed and the Municipal Property Assessment Corporation has added the additional taxable assessment to the roll. This will impact a future taxation year and will be accounted for at that time. CITY’S STRATEGIC INITIATIVE The City’s Community Improvement Plans contribute to the Economic Growth and Prosperity Priority of the City by providing incentives for private sector reinvestment and employment for the City. LIST OF ATTACHMENTS  Appendix A – Properties under consideration for inclusion within the Lundy’s Lane Community Improvement Plan Boundary Area  Appendix B – Draft Amendment to By-law No. 2018-31, the Lundy’s Lane Community Improvement Plan Area Boundary  Appendix C – Draft Amendment to By-law No. 2018-32, the Lundy’s Lane Community Improvement Plan Recommended by: Alex Herlovitch, Director of Planning, Building & Development Respectfully submitted: Ken Todd, Chief Administrative Officer FB:cr Attach. S:\PDR\2019\PBD-2019-43 Amendment to the Lundy's Lane Community Improvement Plan and Improvement Plan Area Boundary.docx Page 188 of 380 4 PBD-2019-43 June 25, 2019 Appendix A Properties under consideration for inclusion within the Lundy’s Lane Community Improvement Plan Boundary Area Page 189 of 380 >_u_umzo_xW O_._.<O_uz_>o>m>_u>_._.m w<-_m<<zo.~o._m.[3m3m=n_w<-_m<<zo.83.2 >_w<-_m<<8m3m:o_Em_.c:q<_m_.m:mOo33:::<_3c8<m3m3Em:>_.mmmaonnma :.:.O:©:w<-_m<<83-3. <<_._mmm>mEmOoczozo?Em0080620:o2:mQ22zmmmmqm.um__mEmmamm?sm?mqEm _.c:a<_m_.m:mOo33:::<_3v3<m3m3_u_m:>_,mmE59.m<-_m<<zo.moaa?vmmmma ccamcmi6mmozosM289.Em_u_m::_:m>0".o:Emmi.a_m<9._<_m8:.83. >20<<_._mmm>mEm&%_82om:m_:vaoumnmmmmvmo=._om__<a_2_%8_mm”mmd _w3o_c._m_n_><m::m_$3_.::q<.m_.m:m_$3om18.:><m:cm.$803:0:><m:cm_m Umvmé><m::mn8_om:<cmmgEooacsozos2::$8_.::q<_m53magEm«mm:vo:_o: 0*Em_m:a_mam:§8_mm33_;::a<_m5:98Em_.::a<.m_.m:mOo33:::< _3_u8<m3m:nEm:>_.mm_m$959‘ >20<<:mmm>mw:o:m3m:q3m3Sosaoo3.o:3<<_EEmO...._o‘_m‘__u_m:2Em0.?2 z_mom:m_um__m_u_m::_:m>69 ._.Im00:20::on._._._moow_uom>:ozO_...._._._mO_._.<O1z_>m>m>_u>:.mmz>oam >m_uo_._.o<<m“._. ._.Em»Emmo:mQc_mmnmormq8m:Q4o_.3_:mcm:9.w<-_m<<83.3_m353 Qm_m?mamagamn?nmg<<_Ewo:mo_:_m3:mzmojmq:m_.m.8. _ummmmo_Ewm | 3%2_N3w. <<__:_:_>_<_Q._<_>._.mOz.O_._.+ormmxL>_<_mm_<_.U_O_u>._.___<_><O_» _u__.m?mmmazma mmoozqxmmqimu .:.__ammmqimu Page 190 of 380 / Niagara?gl Nana SCHEDULE 1 TO BY-LAW N0.2019- 420 Highway Frederica 5! pg .\aI§eIl5”°U g o E. 3 «-m :uax AV pUE|l1OWAvp1EmP3 eauud Spence sx nu uoma my P|9|J>\°°‘9DrummondRd Fnrestvlew Bv StMiI:hae|Av REMuuaqellla Haw“ 5 .13‘ :3‘ mi’ 2 Lundy's Lane Improvement Area Property Parcel Page 191 of 380 >_u_umz_u_x0 O_._.<O_uz_>m>m>_u>_u_um w<-_m<<zo.33.1»om3m:n_w<-_m<<zo.~33» >_w<-_m<<»om3m:QEm_.::o_<_m_.m:moo33::_»<_3u8<m3m:»_u_m:3.,z_m@m»mmn_o_o»mQ E»o:©:w<-_m<<zo.88-8. <<_._mmm>m._.:m0950:o»EmOo8o»m»_o:o»EmO_»<9.z.m@m»m_um__mEmmamm_@:m»ma 533$_.m:mmmmOo33ca»<_3_o8<m3m:»Em:>»mmE»3.52zo.Noam»ummmmq _uc»mcm:»»ommo»_o:N289.Em_u_m::Em>0».o:Em3;o_m<9._<_m»o:_83. >20<<:m_~m>mEm_.c:o_<mm_.m:mOo33::_»<__._.6»o<m3m:»Em:<<mmmuv»o<mQE8:m: w<-_m<<zo.Noam» >20<<_..m_~m>mm:m3m:Q3m:»»omagm:m__@E_mcom»»oEm4mx_:o»m3m:»wmmmg 03:»Eom:»m<m_o8m»m3Sam»Emrc:o_<_m_.m:m0033233»_3c3<m3m:»Em:_m qmm_»m9 >20<<_._mxm>mman:m3m:m3m:»<<o:_Qoo3no3_<<_EEmOm_o_m__u_m:o»EmO3»9. z_mmm»m_nm__mEmsazm>»mm“ zO<<EmmmmommEmOoc:o__o»EmOo6o»m»_o:9..EmGE»9.z_mmm_.m_um__m__oSmcm:» »ommo»_o:N23o»Em_u_m::Em>o».m.m.o.88.m:mo»mmm»o__o<<m“ \_.._.:m»mmozosmum.._.mx_:o»m3m:»-_wmmmo_03:».o»Em_rc:Q<_w_.m:mOo33::_»< _3_u8<m3m:»Em:mgo?mgSam»w<-_m<<zo.83:0.»_m:m»mc<m3m:amo_<<_E Emm&_»a_.o»Em»o._<<_:©m.EmGown S.mmam<m_ov3m:»o»m<mom:»_u»o_um»»<Em»o_ommso»:m<mE80»»8:»mcm o:»o».c:Q<_w_.m:mo»mvwoum?»<sEm:mx_m»_:noo33m3_m_cE_QEcEm»Qomm :o»»:m<mEamo»»»o:»mmmo:»o_.c:q<_mrmzm»om3c_»_-c:_»»mwam:»_m_cmm Eo_caEcmau»mvm»m»_o:\_u_m::Ecoom»m_E»m:o»msqmx»m1o»»m:o<m»_o:moom»m o»:92oo:m»Eo»_o:nom»m.msm:m<<_uc_m=om_omommo:v»_<m»m_m:gmmm»m<_m<<m».._ onmommmE»omwmUmmwm... N.._.Zmw<-_m<<m:m__83m.38»o»ommam»mxmmmmo»o:Emgm»mEm»_»_wummwmqU< Em0056..o»EmOo»_uo»m»_o:o»Em03»o»zmmcmam_um__m. _ummmmQE_m I Qm<9._mo._0. <<__u_u_>_<_O._<_>._.mOZ_O_.w<ormmx,_>z_mm_<_._u_OU>._.___<_><O_M 38»_»mmm_:u_ $8.5mmmaimu ._.:_ammmazun Page 192 of 380 F-2019-21 June 25, 2019 REPORT TO: Mayor James M. Diodati and Members of Municipal Council SUBMITTED BY: Finance SUBJECT: F-2019-21 Insurance Renewal Report RECOMMENDATION That Council approve the 2019-2020 Comprehensive Insurance Program from Frank Cowan Co. Ltd. EXECUTIVE SUMMARY The City is in the third year of a 3 year agreement for insurance coverage, but, requires a renewal of the Municipal Insurance program since the current coverage expires on June 30, 2019. Staff have reviewed the existing program for adequacy of coverages and recommends that the City renew. The insurance program will be effective July 1, 2019. The proposed annual premium of $1,798,864 is an increase of 4.1% or $70,048 from the previous year’s premium of $1,728,816. Although an increase, for the 2019/2020 year as compared to the 2018/2019 year the premiums continue to be a decrease (-3.9%) from the 2015/2016 year. BACKGROUND The City requires an insurance program to mitigate potential liabilities incurred during the performance of its many services and responsibilities. On an annual basis, staff performs a review of the rates charged and the coverages provided for adequacy and completeness. The City has performed these reviews during this process. FINANCIAL/STAFFING/LEGAL IMPLICATIONS The insurance program is reviewed and renewed annually to ensure that the coverages are sufficient and that the municipal assets are properly valued in the program. The insurance program covers a one year period from July 1, 2019 to June 30, 2020. The summary of the 2019-2020 Insurance Program is provided in Exhibit 1. Page 193 of 380 2 F-2019-21 June 25, 2019 The cost of the City’s insurance program has increased from $1,728,816 (2018/2019) to $1,798,864 (2019/2020). The year-over-year increase is $70,048 or 4.1%. Premiums over the past 5 years are as follows: 2015/2016 $1,872,154 2016/2017 $1,791,109 2017/2018 $1,766,719 2018/2019 $1,728,816 2019/2020 $1,798,864 (proposed) The decrease in premiums over the past 4 years was related to a reduction in the loss provisions. The proposed premium will result in a slight increase in costs for the 2020 budget year. The City is in the third year of a 3 year agreement with the insurer. However, despite the agreement, the annual insurance program must be approved by Council annually. In general, the municipal sector continues to be a challenge for the insurance issuers as the sector continues to experience significant losses. Some of these losses have been driven by landmark cases. In addition, claims have dramatically increased in frequency and severity. Likewise, the municipal sector, has additional complexity compared to other sectors due to the wide range of services provided. While these trends are happening in all municipalities, the City of Niagara Falls has mitigated these risks. The decrease in premiums for the past four terms have been extremely favourable resulting in an overall decrease of 3.9% to the City. LIST OF ATTACHMENTS Exhibit 1: 2019-2020 Premium Cost Analysis Recommended by: Tiffany Clark, Director of Finance Respectfully submitted: Ken Todd, Chief Administrative Officer Page 194 of 380 Frank Cowan Company 17 Cost Analysis Expiring Program Term Renewal Program Term Casualty General Liability $ 867,818 $ 911,210 Errors and Omissions Liability 33,890 33,890 Non-Owned Automobile Liability 500 500 Environmental Liability 54,875 54,875 Crime 4,275 4,275 Board Members Accident 558 558 Conflict of Interest 780 780 Legal Expense 6,857 6,857 Recreation Affiliates General Liability 1,906 1,906 Non-Owned Automobile Liability 100 100 Property Property 103,065 106,722 Equipment Breakdown 9,686 9,783 Automobile Owned Automobile 103,539 103,539 Owned Automobile - Transit 471,996 491,898 Garage Automobile 8,971 8,971 Excess Excess Automobile (Transit) – 1st Layer 6,124 6,430 Excess Automobile (Transit) – 2nd Layer 15,533 16,310 Follow Form 38,343 40,260 Total Annual Premium $ 1,728,816 $ 1,798,864 (Excluding Taxes Payable) F-2019-21 Page 195 of 380 HR-2019-03 June 25, 2019 REPORT TO: Mayor James M. Diodati and Members of Municipal Council SUBMITTED BY: Human Resources SUBJECT: Ontario Living Wage Network Initiative RECOMMENDATION That Council receive the following information on the Ontario Living Wage Network initiative as it pertains to the City of Niagara Falls. EXECUTIVE SUMMARY At the Council meeting of January 29, 2019, City Council directed staff to come back with a salary review of the hourly rates for crossing guards including a review of the “living wage” within the municipality. The purpose of this report is to provide Council with an overview and summary of the Ontario Living Wage Network initiative. In doing so, this report will provide a background on the “living wage”, including a formal definition, as well as highlight the factors used toward the calculation of a living wage. BACKGROUND The Ontario Living Wage initiative is a network of employers, employees, non-for profit organizations, community groups and proponents of decent work standards for all Ontario workers. The purpose of the Ontario Living Wage Network is to strengthen and support local community efforts and provincial initiatives to encourage employers across Ontario to provide decent work that pays a living wage for all of their employees. A living wage is the hourly wage a worker needs to earn to cover their basic expenses and participate in their community. It is not the same as the minimum wage, which is the provincially legislated minimum all employers must pay. Rather, living wage sets a higher test and reflects what people need to earn to cover the actual costs of living in their community. This is done by drawing on community-specific data to determine the expenses to a family with two working adults and two children. Page 196 of 380 HR-2019-03 June 25, 2019 The living wage is calculated based on the needs of a family of four, with two parents each working full-time, full-year. It would also support a family throughout the life cycle so young adults are not discouraged from having children and older workers have some extra income as they age. Communities across Ontario use the National Living Wage Framework to calculate their local living wage rate. This framework was developed by the Canadian Centre for Policy Alternatives. Some of the items included in determining a living wage include the following: Food, clothing, shelter, childcare, transportation, medical expenses, recreation, modest vacation as well as taxes and other government transfers. Items not included in the calculation of a living wage include the following: Retirement savings, debt repayment, home ownership, savings for children’s education, and anything other than the smallest contingency for emergencies or hard times. At present, one municipality within the Province of Ontario is designated as a “Certified” Ontario Living Wage Employer. In the fall of 2015, the City of Cambridge became Ontario’s first municipality to be a certified Living Wage employer (level one). At present, there are over 20 businesses in the Niagara region that has been certified as a living wage employer. Should the City of Niagara Falls be interested in becoming a Living Wage employer and go on to obtain the level 3 “Champion” certification, it would need to ensure that contracted employees who provide service on a regular on-going basis (at least 120 hours per year) are paid the living wage (ie. janitorial cleaners, security, window cleaners, and landscapers, etc). However, ad hoc contract work is exempted. Ensuring all third party contracted staff are paid a Living Wage could be challenging if the City is unable to dictate what third party service providers pay their own employees and staff. Consequently, such criteria would likely need to be stated in awarding of future tenders and request for projects. Probationary staff, trainees, students, interns are typically exempt as they do not make up the core total staff complement (ie. no more than 10% in most cases). LIVING WAGE EMPLOYERS AND DEFINITIONS A living wage employer provides an hourly rate of pay at which a household can meet its basic needs and participate in community life, once government transfers have been added to the family’s income (such as child benefits) and deductions have been subtracted (such as income taxes and E.I. premiums). The living wage is calculated to reflect the local cost of living. Page 197 of 380 HR-2019-03 June 25, 2019 A living wage employer pays for direct and indirect employers the living wage rate for the region(s) in which they operate. At present, there are three (3) levels of certification for organizations interested in becoming certified Living Wage Employers. The three (3) levels include the following: Supporter: All direct full-time employees are paid a living wage. Employers are committed to begin raising the pay of all direct part-time employees to the living wage. Leader: All direct full-time and part-time employees are paid a living wage. Employers are committed to including living wage in service contracts for externally contracted (third party) employees that provide service on a regular basis. Champion: All direct full-time and part-time employees are paid a living wage, and all externally (third party) contracted staff that provide service on a regular basis are also paid a living wage or will be when the contract renews. Direct Employees: Direct employees include permanent employees and contract staff who are on the payroll of the employer. Full-time: For the purposes of the living wage employer program, full-time staff refers to employees working 35 or more hours a week. Part-time: For the purposes of the living wage employer program, part-time staff refers to employees working fewer than 35 hours a week. Indirect Employees: Indirect/externally contracted staff expected to provide services such as janitorial, security, etc. for more than 120 hours per year. It includes contractors working on their own account, such as an independent cleaner or bookkeeper, and staff of a business contracted to do regular work for the organization on site. FINANCIAL IMPLICATIONS/BUDGET IMPACT The Ontario Living Wage for the Niagara Region is set at $17.99 per hour including benefits. To become a living wage employer, there would be no financial impacts for full-time City staff. Other than the possible higher cost of contracted services, the financial impact for the City of Niagara Falls would consist of the payment for crossing guards who currently earn $17.34 per hour. Effective the start of the school year, increasing the crossing guards to the living wage would cost approximately $20,000 per annum. This amount would include payment for “snow days”. Crossing guards do not receive corporate benefits other than statutory requirements such as payment in lieu of vacation pay. Page 198 of 380 HR-2019-03 June 25, 2019 CITY’S STRATEGIC COMMITMENT The City of Niagara Falls remains committed to its Strategic Priorities of fostering economic growth and prosperity as well as ensuring organizational efficiency and effectiveness. Recommended by: Trent Dark, Director, Human Resources Respectfully submitted: Ken Todd, Chief Administrative Officer Page 199 of 380 MW-2019-16 June 25, 2019 REPORT TO: Mayor James M. Diodati and Members of the Municipal Council City of Niagara Falls, Ontario SUBMITTED BY: Municipal Works SUBJECT: MW-2019-16 2019 Playground Improvement Program Supply and Installation of Playground Equipment RECOMMENDATION 1. That Council award the supply and installation of playground equipment at Alpine Park, Fern Park, Glengate Park, Meadowvale Park and Theresa Park to the preferred proponent Henderson Recreational Equipment Ltd. for $199,653.67 + HST. 2. That the Mayor and Clerk be authorized to execute the necessary documents. EXECUTIVE SUMMARY The purpose of this report is to update Council on the status on the implementation of the 2019 Playground Improvement Program and seek approval of Council to award the supply and installation of playground equipment to Henderson Recreational Equipment Inc for five (5) park locations. BACKGROUND Funding to replace ten (10) playgrounds across the City was provided through the 2019 Playground Improvement Program in the 2019 Capital Budget. All playground locations will include new playground equipment, accessible pathways, seating, bike racks, signage and landscaping. Furthermore, all new playgrounds will receive an accessible artificial turf safety surfacing. Based on the 10-year park infrastructure assessment and the desire to geographically spread the playground replacements City-wide, the following are the staff identified locations for the ten (10) playground replacements: Alpine Park (7830 Alpine Dr.), Fern Park (7516 Fern Ave.), Glengate Park (4190 Pettit Ave.), Meadowvale Park (7148 Briarwood Ave.), Theresa Park (2864 Gail Ave.), Althea Park (4841 Althea St.), Brookfield Park (7053 Brookfield Ave.), Corwin Park (6475 Walter Ave.), Alexander Park (5421 Alexander Cr.), Kitchener Park (5491 Lewis Av.). See attachment #1. Page 200 of 380 2 MW-2019-16 June 25, 2019 ANALYSIS/RATIONALE Staff issued a Request For Proposal, RFP10-2019 on April 16, 2019 for the supply and installation of five (5) playgrounds. The playgrounds at Althea Park, Brookfield Park, Corwin Park, Alexander Park, Kitchener Park will be addressed by two (2) separate RFPs due to site specific design considerations. RFP10-2019 closed on May 8, 2019 and four (4) proponents made proposal submissions. Proponents were given the ability to make up to two (2) proposal options for playground equipment with a mandatory budget cap of $40,000.00+HST per playground. Proponent City Price per Playground, Option 1 Price per Playground, Option 2 ABC Recreation Ltd. Paris, ON $39,112.00+HST $38,361.00+HST Henderson Recreational Equipment Ltd Simcoe, ON $39,854.99+HST $39,981.23+HST Park N Play Design Co. Ltd. Rock View County, AB $38,620.77+HST $38,111.58+HST PlayPower LT Canada Inc. Paris, ON $39,729.81+HST $39,968.99+HST A committee of five (5) City staff members representing Municipal Works Department, Recreation & Culture Department and the Administrative Office was struck to review and evaluate proposals. Proposals were evaluated for best value based on eight (8) predetermined criterion with weighting that were provided within the RFP document to all proponents. The criterion are; Proponent Team, Play Value, Accessibility, Quality of System, Warranty, Appearance, Service Operations and Price. By evaluation for best value, staff ensures that the playground equipment selected will meet; the park service needs, municipal maintenance standards, service life requirements and provide Niagara Falls residents with a playground that meets or exceeds their expectations. Although not the lowest cost proposal, staff found that the submission provided by Henderson Recreational Equipment scored the highest and as such is considered the best value while meeting the mandatory budgetary cap. Implementation of the playground replacements are anticipated to commence August 2019 with completion late 2019. FINANCIAL/STAFFING/LEGAL IMPLICATIONS The 2019 Playground Improvement Program has an approved budget of $1,685,700. The budget is expected to cover all costs including playground equipment, site work, landscaping and engineering design at the ten (10) park sites. No additional funding requirements are anticipated. There are no staffing or legal implications with this contract award. Page 201 of 380 3 MW-2019-16 June 25, 2019 CITY’S STRATEGIC COMMITMENT Implementation of this project meets the intent of Council’s Strategic Priorities by ensuring that investments in infrastructure maximize benefits, reduce risk and provide satisfactory levels of service to the public. LIST OF ATTACHMENTS 1. 2019 Playground Improvement Program, Park Locations Map Recommended by: Erik Nickel, Director of Municipal Works Respectfully submitted: Ken Todd, Chief Administrative Officer David Antonsen Page 202 of 380 KKK KKKKKKK!!( !!( !!( !!( !!( !!( !!( !!(!!( !!(POWERCANALPOWERCANALPOWERCANALU N I T E DUNITEDSTATESSTATESOF A M E R I C AOF A M E R I C A NI A GA R A R IV ER L U N D Y 'S L N MONTROSERDTAYLORRDT H O R O L D S T O N E R D F E R R Y S T M O U N TAIN RD B R I D G E S T FA L L S AV M C L E O D R D STANLEYAVSTANLEYAVMEWBURNRDKALARRD4 2 0 H Y QE W B R O O K FI E L D PA R K A LT H E A PA RK A L P I N E PAR K A L E X A ND E R PA R K C O RW I N PA R K F E R N PA R K KI TC H E NE R PA R K G L E N G AT E PAR K M E AD O W VAL E PAR K T H E R E SA PAR K 1:50,000 K:\Projects\PlaygroundImprovementProgram\ParkLocations50k_8x11_Landscape_20190610.mxd2019 Playground Improvement Program 6/11/2019 Legend !!(2019 PlaygroundImprovement Program Sites Park Locations This data is provided "as is" and the City of Niagara Falls (the City) makes no representations orwarranties, express or im plied, as to the accuracy or completeness of the data. The maps anddrawings contained herein are intended for general layout purposes only and shall not be consideredas official plans or drawings. For further information, please contact the City. The City shall not beheld liable for special, incidental, consequential or indirect damages arising from the use of this data.Users assume all risks in using this data. No part of these digital images, or information, orhardcopies made from them may be reproduced and/or distributed without this disclaim er. ¸Page 203 of 380 MW-2019-17 June 25, 2019 REPORT TO: Mayor James M. Diodati and Members of Municipal Council SUBMITTED BY: Municipal Works SUBJECT: MW-2019-17 Asset Management Policy RECOMMENDATION That Council approve and adopt the attached Asset Management Policy. EXECUTIVE SUMMARY Asset Management is an integrated approach to decision making for the provision of services to the public that balances performance, risk and cost to achieve value. The province has passed legislation requiring the implementation of a comprehensive Asset Management plan (AMP) by all Ontario municipalities. The first step in the Regulation is the approval and adoption of an Asset Management Policy that guides the development of the AMP by outlining the purpose, scope, principles and the roles and responsibilities for both Council and staff in its implementation. BACKGROUND Asset Management is an integrated system of associated practices that allow a municipality to deliver safe and sustainable services in a predictable, cost-effective manner to a specified level of service. The asset management process attempts to balance asset performance, risk and cost in order to achieve value from the services those assets provide. In December of 2017, the province of Ontario approved a regulation on Municipal Asset Management Planning. The purpose of the regulation is to ensure that all municipalities have a comprehensive AMP in place by July 1, 2024. The regulation prescribes the timetable for implementation as well as the elements required:  July 1, 2019 – every municipality is to adopt its first strategic asset management policy, which is to include: alignment with other municipal goals, policies, and plans; commitment to best practices and continuous improvement; climate change adaptation and mitigation strategies; coordination with upper-tier or neighbouring municipalities; council and staff’s roles and responsibilities in implementation, and commitment to allow public input into asset management planning.  July 1, 2021 – every municipality is to approve an asset management plan for its core assets (water, wastewater, stormwater management, road, bridge and Page 204 of 380 2 MW-2019-17 June 25, 2019 culvert assets), which is to include: asset inventory for each category, current levels of service provided by those assets, and the cost to maintain the levels of service.  July 1, 2023 – every municipality is to approve an asset management plan for all its other assets, with the same reporting requirements.  July 1, 2024 – every municipality is to also include in its asset management plans: proposed levels of service, lifecycle management and financial strategies.  All asset management plans are to be reviewed and updated a minimum of every five years, and progress is to be reported to council on an annual basis. An introduction to Asset Management was presented to Council at its meeting on June 4th, 2019 including: a description of its general benefits, both Council and Staff responsibilities for its implementation, and the context of the Provincial legislation and its requirements. A draft of the required Asset Management policy was completed by Municipal Works staff in collaboration with Finance staff. An opportunity was provided to all other departments to provide input and feedba ck on the content. ANALYSIS/RATIONALE The policy has been created to be an overarching framework for the implementation of the comprehensive AMP and supporting practices for the corporation. It was created utilizing templates for content from both FCM (Federation of Canadian Municipalities) and MFOA (Municipal Finance Officers' Association of Ontario) and includes all required elements specified in the provincial regulation, specifically Ontario Regulation 588/17. Generally, the policy includes:  Which municipal goals, plans, and policies the AMP will support.  Process for how the AMP affects development of the municipal budget.  Principles that guide the AMP.  Process for alignment with the Ontario land-use planning framework.  Commitment to consider climate change mitigation and adaptation.  The City’s approach and commitment to continuous improvement with respect to Asset Management practices.  Identification of executive lead and how council will be involved.  Commitment to provide opportunities to engage the public. More specific and detailed Asset Management Strategies can be created either corporately or for individual departments to address how various strategic objectives translate to Asset Management objectives and associated decision making criteria. The strategies would also define how the Asset Management systems will implement the principles set out in the policy, including setting out Asset Management objectives, levels of service, prioritization strategies, and performance metrics and targets. Both Council and the public can be engaged to provide input during the development of the Asset Management Strategies which will, in turn, provide background and direction for the updating and completion of the comprehensive AMP. Page 205 of 380 3 MW-2019-17 June 25, 2019 FINANCIAL/STAFFING/LEGAL IMPLICATIONS The policy, its implementation, and the development of the companion Asset Management strategies will be completed by existing Municipal Work s and Finance staff, working collaboratively with input from other departments as required. Moving forward, during the next phases of the comprehensive AMP development, it is likely that a 2020 budget request for consulting services will be made to assist in its completion. CITY’S STRATEGIC COMMITMENT This project and recommendation are in keeping with Council’s Strategic priorities for:  Infrastructure Sustainability (system capacity to accommodate growth);  Financial Stability (Asset Management plan priorities based on need, long term Infrastructure sustainability investment, risk management frameworks);  Organizational Efficiency and Effectiveness (service specific strategies, appropriate and effective governance structures). LIST OF ATTACHMENTS 1. Asset Management Policy 340.01 Recommended by: Erik Nickel, Director of Municipal Works Respectfully submitted: Ken Todd, Chief Administrative Officer K. Schachowskoj Page 206 of 380 POLICY Municipal Works Policy #: 340.01 Issue Date: June 25, 2019 Revision Date: N/A Asset Management Policy 1. PURPOSE The City of Niagara Falls (hereinafter called the “City”) provides a wide range of services to the community that require the ownership and responsible operation, maintenance and rehabilitation of physical assets including land, land improvements, buildings, equipment, transportation, drainage, sewer and water infrastructure. Asset Management (AM) is an integrated approach, involving all City departments, in delivering value to the community through the effective management of existing and new infrastructure assets. The intent is to maximize benefits, reduce risk and provide satisfactory levels of service to the community in a sustainable manner. Good asset management practices are fundamental to achieving sustainable and resilient communities, and implementing an asset management policy is a requirement of provincial legislation and regulation. The purpose of the AM Policy is to affirm the City’s commitment to embrace sound AM practices and to align and integrate them into our strategic planning processes. This policy outlines the fundamental AM principles to be implemented across the City. 2. SCOPE The City owns a wide range of asset types that deliver services to the community of Niagara Falls. Each year the City may receive, acquire or construct new assets. In addition, the City may rely on natural assets or other assets that the City does not own, in order to deliver services. This AM policy applies to the assets owned by the City. Where service provision is supported by other assets not owned by the City, we will work collaboratively with those assets owners (upper-tier or neighbouring municipalities, for example) and promote the principles outlined in this policy. Appendix 1 summarizes the services that the City provides, and includes examples of the asset groups and asset types owned by the City that support the delivery of those services. The policy applies to all existing and new physical assets, including but not limited to: roads, sidewalks, bridges, transit, watermains, sanitary and combined sewers, storm drainage systems, fleet, technology systems, buildings, parks, recreation facilities, cemeteries, and street trees. Page 207 of 380 A Great City … For Generations To Come 3. DEFINITIONS Asset Management Strategy – defines how the municipality’s various strategic objectives translates to AM objectives and associated decision making criteria. The strategy also defines how the AM systems will implement the principles set out in the AM policy, including setting out AM objectives, levels of service, and performance metrics and targets. Asset Management Plan – plan that documents management practices and processes that enable municipal infrastructure assets to provide safe and sustainable services delivered in a predictable, cost-effective manner to a specified level of service. The management of infrastructure assets includes all related lifecycle activities associated with these assets. Capitalization Threshold – threshold at or above which a resource is considered an asset. It is also the value of a municipal infrastructure asset at or above which a municipality will capitalize the value of it and below which it will expense the value of it. The City’s capitalization threshold is defined in the Tangible Capital Asset Accounting Policy, latest revision. Condition Assessments – updating current infrastructure age based asset data by investigating, inspecting, testing, and assessing assets in the field to rate their ability to deliver a specified level of service. These assessments can include, but are not necessary limited to: structural condition, operating performance, and service capacity. Levels of Service – parameters, or a combination of parameters, that reflect the social, political, and environmental outcomes from services that the municipality provides to their community. These parameters can include, but are not necessarily limited to: safety, customer satisfaction, quality, quantity, capacity, reliability, responsiveness, environmental acceptability, cost and availability. Risk and Criticality Modelling – utilize best practices adopted in municipal AM plans in reference to climate change vulnerability, disaster and contingency planning throughout the expected life of the City‘s assets. History of failures, breaks and reliability data will be utilized to ensure all risks are included. Risk assessment will include both the probability and consequences or harm of potential failures. Lifecycle Activities and Financial Strategies – associated activities undertaken with respect to a municipal infrastructure asset over its service life, including investment, design, construction, acquisition, operation, maintenance, renewal, replacement and decommissioning. 4. PRINCIPLES When making decisions respecting infrastructure, the City shall consider the following principles: 4.1 Service Delivery – Customer Service Focused The City will clearly define level of service objectives that balance community expectations and regulatory requirements with risk, affordability and available resources, and will do the following: Page 208 of 380 A Great City … For Generations To Come  Manage assets appropriately in order to efficiently and effectively deliver the defined levels of service.  Monitor and periodically review level of service objectives to ensure that they meet or support community, council and economic expectations and other strategic objectives and priorities. The City will ensure transparency and accountability to the community on service delivery. This will include regular communications to council to share information on service performance as well as technical information such as asset condition. The City commits to providing opportunities for municipal residents and other interested parties to provide input into the City’s AM planning. The City will implement an AM system that incorporates risk-based and information driven decision-making frameworks that appropriately consider the potential impacts of asset failure on ongoing service delivery. The City will adopt AM practices and procedures that identify opportunities to avoid or minimize impacts from potential asset failures. The City will prioritize and direct resources and expenditure in order to deliver levels of service and other community benefits at an acceptable level of risk. The City will comply with all relevant legislative, regulatory and statutory requirements. In particular, the City will include AM planning principles as described in Section 3 of the Infrastructure for Jobs and Prosperity Act, 2015. The City will ensure that decisions regarding the need for new assets are made with appropriate due diligence; and that these needs are evaluated with a focus on service delivery to the community, and supported with a valid business case that articulates costs and benefits. 4.2 Long Term Sustainability, Resiliency and Adaptability The City’s AM decision-making will consider the needs of both current and future generations and the potential challenges associated with changing community demographics and expectations related to services delivery, as well as potential modifications to legislative requirements. The City’s AM decision-making will consider the potential effects of climate change and other environmental changes, and how the increased severity and frequency of climatic events may directly affect levels of service. Where appropriate, the City will adopt a proactive approach to:  Identifying the vulnerabilities that may be caused by climate change to its existing and proposed infrastructure assets and their potential costs;  Considering the means to address those vulnerabilities as they relate to operations and maintenance schedules, life cycle management activities, and levels of service; Page 209 of 380 A Great City … For Generations To Come  Considering the adaptation opportunities that may be undertaken to manage those vulnerabilities;  Considering mitigation approaches to limit the magnitude or rate of long-term climate change (such as greenhouse gas emission reduction goals and targets); and  Consider disaster planning and contingency funding. The City will consider socio-cultural, environmental and economic factors and implications (triple bottom line considerations) when making and implementing asset management decisions. 4.3 Holistic “Big picture” approach To support AM decision-making, the City will take steps to connect the appropriate departments, functions and support activities in order to build effective working relationships and encourage information sharing. These departments and functions include planning, building, development, engineering, transportation, operations, maintenance, finance, recreation and culture, information systems and other strategic planning functions such as sustainability. AM decision-making will drive optimum value for the community by focusing on the “big picture”. The City will therefore ensure that decisions are made collaboratively and consider all life-cycle stages and the inter-relationships between asset performance, operational performance and overall service performance. Decision-making will also recognize the interconnected nature of asset systems and how decisions about one set of assets may potentially interact with or affect assets controlled by other departments or functions. In utilizing the guidelines provided by Ontario Regulation 588/17 and the Infrastructure for Jobs and Prosperity Act, 2015, the City will ensure all requirements will be included in future management of all City assets, including Infrastructure planning and investment decision-making. 4.4 Strategic Alignment The City’s AM Plan and practices will include special considerations to align with:  City Council Strategic Priorities;  Financial Plans relating to the City’s water and wastewater assets;  Ontario’s land-use planning framework;  Development Charges By-Laws;  Master Plans for Municipal Infrastructure; and  Capital forecast plans Page 210 of 380 A Great City … For Generations To Come 4.5 Fiscal Responsibility and Asset Management Decision-making The City will develop and maintain appropriate plans for infrastructure renewal, for the purchase and construction of new infrastructure and for the decommissioning of redundant infrastructure. This includes:  Developing long term projections of investments needs.  Applying rigorous analysis, including consideration of risk, to identify short term investment needs.  Implementing processes to ensure that proposed investment plans address needs efficiently and effectively, and mechanisms to ensure long term financial sustainability.  Implementing processes to address the operational budget implications of capital investments.  Exploring efficiency opportunities where appropriate, including new technologies.  Identifying mitigation strategies to address infrastructure deficits. The City will evaluate relevant asset investment decisions based on consideration of the whole-life costs associated with managing those assets through their entire lifecycle. The City will consider the AM Plan and related plans in its annual municipal budgeting and long-term financial planning by incorporating an analysis on the cost of asset preservation and renewal. The City will develop prioritized capital investment plans that reflect community and stakeholder expectations with regard to levels of service and other strategic objectives. The City will evaluate the magnitude, nature and overall balance of investment plans considering the aggregate value derived for the community, affordability, willingness to pay and intergenerational equity. 4.6 Innovation and Continual Improvement The City views continual improvement as a key part of our asset management approach and will focus on driving innovation in the development of tools, techniques and solutions. The City will monitor and periodically review the effectiveness of AM processes and the wider AM system in supporting the delivery of strategic objectives and will make adjustments as required. The City will assess the AM competencies required to implement the AM system and provide the necessary support, education and training to staff responsible for AM functions. The City will review the AM policy in conjunction with its review of the AM strategies, at a minimum, every five years for Council consideration and approval. Page 211 of 380 A Great City … For Generations To Come 5. ROLES AND RESPONSIBILITIES FOR IMPLEMENTATION City Council’s role and responsibilities:  Approve the asset management policy and any future changes, as required.  Articulate community values and define strategic priorities.  Approve funding and resources to implement the AM policy and associated requirements.  Approve asset funding through multi-year and long range financial plans. City Lead: The Chief Administrative Officer (CAO) has overall responsibility for establishing, endorsing, and leading the implementation of the AM policy, strategy and plan across the City. Directors of Finance and Municipal Works: Departmental Directors are responsible for leading or designating a departmental lead in the adoption of the AM policy, strategy and plan within their departments, and for allocating appropriate resources to its implementation, ongoing maintenance and upkeep of asset inventories, and associated requirements. AM Working Group: Finance and Municipal Works staff appointed by the Directors, being involved in the application of AM practices. The group is to include AM representatives as designated by other Departmental Directors, on issues pertaining to their respective departments. The group is responsible for observing the requirements of the AM policy and to provide staff coordination on AM implementation progress and results. Also to ensure AM is aligned with financial plans, as required by O. Reg. 588/17. Capital Accounting Staff: Assist in development and continuation of updating the AM policy, strategies and plans as required. Continue to analyze and track data of all City owned assets for future Asset Management Plans. Continue to work collaboratively with Infrastructure and other departmental AM leads and support staff, to ensure agreed upon guidelines are being followed. Infrastructure Staff: Assist in development and continuation of updating the AM policy, strategies and plans as required. Continue to coordinate and assist with condition assessment reporting of various asset categories to obtain accurate levels of service and retention of data. Continue to keep asset inventory, including mapping, up to date and to maintain integrity of core Infrastructure data. Continue to work collaboratively with Capital Accounting and other departmental AM leads and support staff, to ensure agreed upon guidelines are being followed. Page 212 of 380 A Great City … For Generations To Come APPENDIX 1 – Scope of Services and Assets Service Provided Asset Group/Class Asset Types Potable Water Supply Drinking water distribution infrastructure* Watermains, valves, hydrants, water services Wastewater Collection Sanitary and Combined sewer collection infrastructure* Sanitary and Combined sewer pipes, maintenance holes, sanitary laterals, pumping stations, forcemains, CSO storage tanks, HRT f acility Flood Protection Stormwater Runoff Drainage Infrastructure* Storm sewer pipes, maintenance holes, catchbasins and leads, storm laterals, stormwater management facilities (ponds, wetlands, chambers) Transportation - Roadways Roadways* Bridges and Culverts* Roadway sub-base, base and top layers, curb & gutter, sidewalks, streetlights and poles, traffic signals, traffic signs, bridges, large span (greater than 0.6 m) culverts Transportation – Transit Transit infrastructure Fleet, bus stops and shelters, equipment and transit buildings Transportation - Fleet Vehicles & Equipment Vehicles & equipment Transportation - Parking Municipal Parking Lot and On Street Infrastructure Parking lots, parking meters, light standards, signs, pay & display machines, electric vehicle charging stations Parks & Cemeteries Greenspace & dedicated burial sites Land improvements, buildings, structures, playgrounds, service roads, parking lots Recreation & Culture Land Improvements Trails and pathways, skate park, splash pads, athletic fields/facilities Community Facilities Facilities available to the public Arenas, city market, museum, recreation centre, convention centre, public art, historical buildings/features Emergency Services Fire & Support Services Fire rescue equipment, fleet, buildings, land improvements Support Services General Government Services Technology equipment and services * - Core Assets as per Ontario Regulation 588/17 Page 213 of 380 A Great City … For Generations To Come Submitted By: Kent Schachowskoj, P. Eng., Infrastructure & Asset Manager Recommended By: Erik Nickel, P. Eng., Director of Municipal Works Approved By Council On: June 25, 2019 Report #: MW -2019-17 Page 214 of 380 PBD-2019-38 June 25, 2019 REPORT TO: Mayor James M. Diodati and Members of Municipal Council SUBMITTED BY: Planning, Building & Development SUBJECT: PBD-2019-38 Overview of Proposed Amendments Bill 108 (More Homes, More Choices Act) RECOMMENDATION That Council receive the report for information. BACKGROUND In June, the Province passed Bill 108 to assist in addressing the housing supply in Ontario. Bill 108 affects 13 statutes. This report is intended to highlight the proposed changes to the Planning Act, Local Planning Appeal Tribunal Act, the Ontario Her itage Act and the Development Charges Act. This report is based on a staff review of proposed legislation, a review of reports by other municipalities (chiefly City of Toronto) and a round - table discussion coordinated by the Region. Various articles and reviews point out that it is impossible to know exactly what the impacts will be at the municipal level largely due to the absence of implementation details and transitional regulations. Some suggest that there is little evidence in the changes proposed by Bill 108 that local planning decisions will be accelerated or that it will be easier to bring housing to the market any quicker than under current legislation. It is generally believed that there will be significant financial impacts at the municipal levels due to changes affecting calculations for parkland dedication, the use of section 37 bonus provisions and removal of soft services from development charges. In addition to this report, a power point prepared by the Region is attached to provide a simple overview of the proposed changes. CHANGES TO THE PLANNING ACT Bill 108 proposes shorter timeframes for the City to process development applications. As Council is aware, an applicant can appeal an application to the Local Area Planning Tribunal (LPAT) if a decision is not made within a specified period of time. Timelines are now shortened as follows: Official Plan Amendments currently 210 days proposed 120 days Zoning By-law Amendments currently 150 days proposed 150 days Draft Plan of Subdivision currently 180 days proposed 120 days Page 215 of 380 2 PBD-2019-38 June 25, 2019 A review of the 2018 development applications (22) processed last year indicates the City made a decision on complete applications within the time lines of the proposed legislation. Two applications exceeded these time lines. There will be instances when complex applications will require more time to process due to the number and extent of background reports submitted and requests made of the applicant for revisions to plans or the need for expand studies. Current legislation allows municipalities to provide for inclusionary zoning (require a % of housing to be provided at affordable levels) within development (subdivisions, condos, etc.). Changes to the legislation would limit the use of inclusionary zoning to major transit station areas, locations where a municipality already has implemented inclusionary zoning or locations dictated by Minister’s order. The City has not implemented inclusionary zoning provisions, thus these changes would not have an immediate direct impact, but would have an impact in the future should the City decide it wishes to utilize the legislation opportunities. Changes are being proposed which would limit third party appeals of plans of subdivision. This change, if implemented, will mean only the applicant, municipality, Minister, public body or listed utilities and railway companies that made oral or written submissions prior to the decision of the approval authority would have the right to appeal. This change is generally seen as reducing processing times for stand alone plans of subdivision and condominiums. Bill 108 proposes to repeal the opportunity for the City to secure community Infrastructure (eg. libraries, trails, etc.) through Section 37 bonus provisions and removes the ability to use alternative calculation for securing parkland dedication through Section 42 of the Planning Act. The City routinely uses Section 37 bonusing to secure streetscape contributions and has used this tool to secure a portion of the financing for trails and arenas. The City has not used the alternative calculation for parkland because of the lack of projects with high densities. Bill 108 will require that the City secure these benefits through the preparation of a Community Benefit Charge (CBC). CHANGES TO DEVELOPMENT CHARGES BY-LAW The City’s Development Charges By-law provides for the collection of monies to fund various soft services including parkland improvements, recreational facilities and libraries. Under the proposed legislation, the City will no longer be able to collect for these matters. The City’s recently adopted by-law contained a schedule outlining the soft service component of the DC charges in the event the Province proceeds. The date of these changes is yet unknown. The full extent of these changes ca nnot be fully assessed since regulations have yet to be introduced. Soft services would now be subject to a municipal Community Benefits Charge (CBC) Strategy for facilities. The proposed legislation would require contributions be paid into a special account and 60% must be allocated or spent within the calendar year. The developer can elect to provide in-kind services. Proposed legislative changes would allow developers to postpone the payment of Development Charges over a 6 year period. While this is generally seen as a benefit to Page 216 of 380 3 PBD-2019-38 June 25, 2019 the developer, it is likely to impact the municipality. For instance, if development charges were calculated at 2019 rates and because rates typically rise each year, the developer would be paying 2019 dollars in 2025 which will mean a net loss to the City. The Bill would eliminate the payment of DCs on second dwelling units in “new build” houses (currently the legislation only exempts second units in existing dwellings). The City’s DC by-law has provided for this change. CHANGES TO THE ONTARIO HERITAGE ACT Bill 108 proposes changes to the Ontario Heritage Act in a number of ways. The Bill would introduce a requirement for a specified time period in which the City would deem an application for alteration or demolition complete and to finalize the application. The owner could appeal the request if the application is not completed during the timeframe. The Bill introduces a notification and objection process for any property which is to be placed on the inventory of heritage properties. Also, the owner would now be able to object to being included as a listed property in the City’s inventory and could object to Council’s intention to designate. Council’s failure to pass a designation by-law within the set time period would result in the intention to designate deemed to be withdrawn. Appeals of designation by-laws will no longer be sent to the Conservation Review Board, but would be considered by the Local Area Planning Tribunal (LPAT). This change will mean that the final decision would no longer rest with City Council but would be determined by the Provincial body. CHANGES TO THE LOCAL PLANNING APPEAL TRIBUNAL ACT Changes brought about by Bill 108 will see LPAT revert to the process which existed under the former Ontario Municipal Board. Cases before the Tribunal will be on a “de novo” basis. Applicants and appellants would be given a wider basis for appeal and would be able to introduce new information at the hearing in addition to whether the application is consistent with provincial policy or growth plan. LPAT will have the power to limit any direct examination or cross examination of the witness. In addition, the chan ges introduce a mandatory mediation or other dispute resolution process. Until transitional regulations come out, appeals before LPAT will continue as filed. CONCLUSION The comment period on Bill 108 has ended. The full impact of Bill 108 will not be kn own until it has been proclaimed and regulations and implementation guidelines produced. Page 217 of 380 4 PBD-2019-38 June 25, 2019 LIST OF ATTACHMENTS  Regional Power Point - Bill 108 Roundtable Discussion Recommended by: Alex Herlovitch, Director of Planning, Building & Development Respectfully submitted: Ken Todd, Chief Administrative Officer A.Herlovitch:gd Attach. S:\PDR\2019\PBD-2019-38, Overview of Proposed Amendments-Bill 108.docx Page 218 of 380 Bill 108: More Homes, More Choice Act, 2019 Growth Plan & other changes Municipal Roundtable Discussion May 16, 2019 Page 219 of 380 Roundtable overview Discussing new and proposed changes to planning legislation •2019 Growth Plan. •Bill 108: More Homes, More Choice Act. –Collecting feedback & response coordination. Region’s approach •ERO responses –May 31st deadline. •Report to PEDC –summary of key changes & ERO submissions. Next steps •LAM comments to Region by Thursday May 23rd. •LAM/Region coordination of reports. 2Page 220 of 380 2006 2017 2019 Density Target (residents & jobs per hectare)50 80 50 Intensification Target (all residential development in the built-up area) 40%60%50% 3 •Region is reviewing minimum targets through new ROP process. Growth targets applicable to Niagara Page 221 of 380 2019 Growth Plan Settlement Area Boundary adjustments/expansions and employment conversions are permitted outside of the MCR under certain criteria & circumstances. Settlement Area Boundary •Adjustments = no net increase in land within the settlement areas. •Expansions = less than 40 ha are permitted. –Province’s way of “letting the steam out”. Employment Conversion (outside PSEZ) •Eligible for conversion outside the MCR, provided that a significant number of jobs is maintained and other criteria are met. Rural Settlements •“Minor adjustments” are permitted outside of the MCR. –No specified size limit. Built Boundary Mapping •Province is working on new built-boundary mapping. 4Page 222 of 380 2019 Growth Plan The Province has introduced a new employment designation concept of Provincially Significant Employment Zones (PSEZs). •Minister identifies PSEZs and their respective boundary. •No PSEZs are identified in Niagara. •Minister can provide specific planning direction in PSEZs through OP policies. •Niagara requested to identify and provide PSEZ to the Minister at a later date. 5Page 223 of 380 Niagara’s response to Bill 108 Two part approach: 1.Submissions to the Province through applicable ERO postings. 2.A report to the Region’s Planning & Economic Development Committee containing: •Overview of proposed changes to each Bill schedule. •Appendices ERO responses. 6Page 224 of 380 ERO submission deadlines Friday, May 17, 2019 •Endangered Species Act Tuesday, May 21, 2019 •Conservation Authorities Act Friday, May 24, 2019 •Environmental Assessment Act Friday May 31, 2019 To be covered in one submission •Environmental Protection Act •Development Charges Act •Local Planning Appeal Tribunal Act* •Ontario Heritage Act •Planning Act 7 June 6, 2019 Last day of legislature before summer recess.Page 225 of 380 Appeal process LPAT remains as the tribunal; however, some processes and procedures have been reverted to past OMB practice. •Return to single hearing process, with most appeal tests restored. •LPAT has ability to require parties to participate in mediation / dispute resolution prior to the hearing. •“De novo” is restored, meaning new evidence that wasn’t presented to or considered by Council during their decision- making process can be presented at the hearing. –LPAT has the discretion to limit evidence prior to hearing. •Reinstated ability for examination & cross-examination during hearings; however, this can be limited at LPAT’s discretion. •Explicit regard to municipal decision is removed. 8Page 226 of 380 Appeal limitations & fees •Strengthened restrictions on the ability for third party appeals on Plans of Subdivisions, and non-decisions on lower-tier OPAs. •‘Participants’ and other non-parties are limited to only written submissions. Previous rules permitted both oral or written. •Expanded ability for LPAT to set and charge fees. –Currently, LPAT has the ability to set and charge fees based on type of proceeding. –Proposed changes allow LPAT to further structure fees based on different classes of persons (i.e. community groups, residents, developers, and municipalities). 9Page 227 of 380 Changes to appeal timelines •Approval Authority no longer has the ability to extend review timelines through written notice. •Reduced timelines for filing appeals for non-decision. Pre-Bill 139 Bill 139 Bill 108 Official Plan / Official Plan Amendment 180 days 210 days 120 days Zoning By-law Amendment 120 days 150 days 90 days Plan of Subdivision 180 days 180 days 120 days 10Page 228 of 380 Retained appeal rules Some elements of Bill 139 remain unchanged through Bill 108. •Case management conferences prior to a hearing are mandatory unless parties reach full settlement. •The Minister is the only one with the authority to appeal the “first” Interim Control By-law. •OPAs approved by the Minister cannot be appealed. •Transition regulations on LPAT and matters relating to appeals have yet to be released. •Province has committed $1.4 million in LPAT funding to hire new members and help clear the backlog. 11Page 229 of 380 Development Charges DCs no longer include soft services and are limited to certain hard services. •DCs will be calculated based on the rate in effect at the time a site plan application is filed (or zoning if no Site Plan). •Rental and non-profit housing, as well as non-residential development can phase DC payment over a 6 year period. –Year 1 of DC payment begins at first occupancy. 12Page 230 of 380 Community Benefits Charge A new “community benefits charge” (CBC) can be implemented by a municipality through by-law. •A CBC packages DC soft services / s.37 contributions and s.42 / s.51.1 parkland dedication into a single fee. •Prior to a CBC By-law, a municipality must prepare a CBC Strategy outlining services that will be funded through the charge. •Existing s.37 and parkland dedication by-laws continue to operate until the CBC By-law becomes in effect. •CBC By-laws cannot be appealed. 13Page 231 of 380 Community Benefits Charge A CBC By-law restricts a municipality’s ability to require s.42 parkland dedication or cash-in-lieu. •Parkland dedication can be required by a municipality as a condition of subdivision approval if: –The municipality does not collect under its CBC; or –The municipality obtains parkland dedication at 2% or 5% rates. 14Page 232 of 380 15Page 233 of 380 Community Benefits Charge The Province will prescribe a CBC cap (% of land value) on development. •CBC cap cannot be appealed; however, can be challenged through appraisals. •Municipalities may recognize in-kind contributions in exchange for a credit towards owed CBC amounts. 16Page 234 of 380 Development Permit Systems Bill 108 expands the Minister’s influence on where and how municipalities implement DPSs. •The Minister may require a municipality to implement a DPS in area within a specified timeframe. –For example: the Minister could require a municipality to implement a DPS within an identified PSEZ or MTSA. •OP policies and/or by-laws that implement a Minster required DPS cannot be appealed. 17Page 235 of 380 Inclusionary Zoning IZ is an existing practice that, through legislation, can be prescribed to certain municipalities by the Province. •To date, the Province not prescribed municipalities, nor are there any municipalities proposed to be prescribed through Bill 108. –Bill 108 retains the Province’s ability to prescribe IZ to certain municipalities. •Prior to Bill 108, municipalities that had voluntarily implemented IZ had the ability to determine where it applies. •Bill 108 requires that non-prescribed municipalities (i.e. those who voluntarily implement IZ) may only do so in MTSAs or Minister required DPS areas. 18Page 236 of 380 Heritage Protection •All Heritage Conservation District provisions are retained. •Bill 108 provides property owners with the ability to object to Council’s decision to list their property as “heritage”. –Council is tasked with hearing the objection and has final decision. •Prior to Bill 108, specific heritage decisions could only be challenged through a referral to the Conservation Review Board. –The Conservation Review Board provides a recommendation to municipal Council to assist with their decision process. •Bill 108 grants the LPAT with significantly broadened jurisdiction over Part IV heritage matters, including appeals to: –applications to alter/demolish heritage buildings, structures, or attributes; –designating by-law; and, –applications to repeal designating by-law. 19Page 237 of 380 PBD-2019-41 June 25, 2019 REPORT TO: Mayor James M. Diodati and Members of Municipal Council SUBMITTED BY: Planning, Building & Development SUBJECT: PBD-2019-41 Decorative Entrance Features in New Subdivisions City Policy RECOMMENDATIONS 1) That Council assume responsibility for decorative entrance features in new subdivisions as public assets. 2) That Council establish a policy of requiring new decorative entrances to be located on the road allowance rather than on private property and obtain easements for existing decorative entrances for maintenance purposes. 3) That moving forward, developers be required to provide sufficient securities to replace decorative entrance features in addition to covering the cost to construct them initially. 4) That Council begin the process of seeking easements for existing features and establish a fund for their future maintenance. 5) That Parks Design staff be directed to ensure developers provide entrance features that are high in quality and relatively easy to maintain during the subdivision process. EXECUTIVE SUMMARY Decorative entrance features have been provided by developers of subdivisions for many years to create a sense of place or special identity. To da te developers have been required to construct them on the proposed lots which become private property. While these features enhance the aesthetics of an area or the subdivision itself, they serve no municipal purpose in terms of safety or service. To date the maintenance of these features have been passed onto the owners of the properties where they are located. Often property owners are caught unaware of this until the feature falls into disrepair. This issue most recently arose with the decorative entrance features in the Mount Carmel neighbourhood. Fortunately, the developer of the subdivision (River Realty Development (1976) Inc.) came forward and covered the cost to have those features rebuilt. The purpose of this report is to seek Council direction on these types of features and its wishes regarding their future repair and maintenance. Page 238 of 380 2 PBD-2019-41 June 25, 2019 BACKGROUND Decorative entrance features are often proposed when new subdivisions are being developed, particularly next to collector or arterial roads. These feature s are proposed and provided to enhance the appearance of the entrance to a subdivision and establish a built-form character, sense of place or special identity. In some cases these features are provided to enhance a theme of the subdivision. Examples of this are the entrance features that were recently constructed as part of the Terravita subdivision on the south side of Mountain Road, east of St. Paul Avenue. Refer to Schedule 1 for further detail. The City’s position has been that the features not be constructed on City property. As a result, developers have constructed the gateway entrances on the residential lot adjacent to the road allowance. Thus, the maintenance of these features becomes the responsibility of the adjacent property owners. Property owners may not be aware of these arrangements, subsequent property owners are often caught unaware of this until the feature falls into disrepair. The maintenance of decorative entrance features and walls came to the forefront in 2018 when the condition of these features in the Mount Carmel neighbourhood was found to be unacceptable. Fortunately, the developer of the subdivision (River Realty Development (1976) Inc.) came forward and covered the cost to have those features rebuilt. ANALYSIS/RATIONALE A survey of other municipalities to determine their practices relative to this matter revealed that the City’s current practice is shared by virtually all. Some municipalities have included warning clauses in subdivision agreements to alert future homeowners to this condition, but homeowners may not be uniformed of these obligations. While there is no requirement of developers to construct entrance features or decorative fencing for subdivisions, the current City policy requires these features to be shown on an approved Landscape Plan and located on private property or property that will be private. Developers have passed the obligation to maintain and or repair these features to owners through their Purchase/Sale Agreements. This usually does not come to a head until the feature falls into disrepair. Then the owner questions why they have this obligation as it becomes an expensive undertaking with little value to their property. Moving forward, staff believes that it would be more practical to require these features to be constructed on public property (road allowances) and to be considered public assets. It would also be recommended that easements over existing gateway features on private property be obtained in order to provide for the future maintenance of these features. In approving these features, staff recommend that developers not only be responsible to construct these features, but that they be required to submit a cash maintenance fee payable to the City when the subdivision agreement is signed to provide a one-time replacement of the features. Deposits will be placed in a special purpose reserve account. According to staff’s records, this has only been required once in the past (Chippawa West Subdivision). Cash deposits to pay for the replacement of these features would remove the burden on the land owner living next to these features to pay for their replacement. Only the gateway feature would be covered. It would not include pillars, fencing and walls which provide a privacy feature to the adjacent homeowner. Staff should prepare a Page 239 of 380 3 PBD-2019-41 June 25, 2019 municipal policy to address the requirements applicable to gateway entrance features. The review of design and location would be reviewed by Parks Design staff at time of subdivision review. The City has numerous decorative entrance features and walls throughout the municipality as illustrated on Schedule 2. Since these features are on private property, the City should obtain reference plans and easements for each gateway feature for maintenance purposes. An agreement outlining responsibilities may be necessary. The City should establish a fund from general revenues to cover the maintenance and replacement of existing gateways. FINANCIAL IMPLICATIONS In the Chippawa West subdivision, the developer was required to make a cash deposit of $37,500 to cover the future replacement of the decorative wall. All new gateway features will require that the developer provide a maintenance fee to cover a one time replacement cost for the gateway. The cost to cover maintenance and replacement costs of existing gateways will need to come from general revenues. CITY’S STRATEGIC COMMITMENT We are committed to financial responsibility and a vibrant and well planned City. LIST OF ATTACHMENTS  Schedule 1 – Decorative Entrance Detail – Terravita Subdivision  Schedule 2 – Existing Decorative Entrance Features/Walls Recommended by: Alex Herlovitch, Director of Planning, Building & Development Respectfully submitted: Ken Todd, Chief Administrative Officer K.Mech:cr Attach. S:\PDR\2019\PBD-2019-41, Decorative Entrance Features in New Subdivisions.docx Page 240 of 380 4 PBD-2019-41 June 25, 2019 SCHEDULE 1 Terravita Entrance Feature Page 241 of 380 5 PBD-2019-41 June 25, 2019 SCHEDULE 2 Page 242 of 380 R&C-2019-14 June 25, 2019 REPORT TO: Mayor James M. Diodati and Members of Municipal Council SUBMITTED BY: Recreation & Culture SUBJECT: R&C-2019-14 Gale Centre Emergency Repair RECOMMENDATION That staff be authorized to undertake the removal and replacement of the two Domestic Hot Water Tanks at the Gale Centre. EXECUTIVE SUMMARY The Gale Centre opened in 2010, with 3 – 4 pads of ice operating year round. The domestic hot water tanks are original to the facility and are in need of replacement. BACKGROUND To ensure the facility remains in excellent condition, annual preventative maintenance is performed on all equipment by staff and certified contractors. ANALYSIS/RATIONALE The new hot water tanks provide hot water for the 70 dressing room showers, as well as all of the sinks throughout the facility. In order to remove the tanks the roof access ladder and double doors to the parking lot must be removed to accommodate the space to move the tanks. The work will be competed in 1 -2 weeks during off hours as the water to the building will be shut down. FINANCIAL/STAFFING/LEGAL IMPLICATIONS The cost to drain and replace both domestic hot water tanks is $16,000.00 plus HST. The project will be funded from a Facilities Special purposes reserve. CITY’S STRATEGIC COMMITMENT Strategic Priority, Economic Vitality, directs staff to, ensure efficient and effective delivery of the core municipal facilities. Page 243 of 380 2 R&C-2019-14 June 25, 2019 Recommended by: Kathy Moldenhauer, Director of Recreation and Culture Respectfully submitted: Ken Todd, Chief Administrative Officer Page 244 of 380 Department RECREATION & CULTURE Priority (1-3)X Project Name Gale Centre: Replace two domestic hot water tanks Included in 10 year Capital Plan (y/n) Project I.D. # Project Description Drain, remove and replace two domestic hot water tanks. Projected Start Date:Jul-19 YEAR YEAR YEAR YEAR YEAR 2019 2020 2021 2022 2023 Opening Balance-Jan 01 (surplus)/deficit - - - - - EXPENDITURES Engineering Fees/Design/Studies Land/Building/Furniture/ Equipment 16,000 Construction Roads Storm Sewers Water Sanitary Sewers Sitework/Landscaping Contingency Other Interest Expense TOTAL EXPENDITURES 16,000 - - - - FUNDING SOURCES Special Purpose Reserves 16,000 Capital Special Purp Reserve Reserve Fund Transfer from Operating Development Charges Debentures Gas Tax Provincial/Federal Grants External Contributions Interest Earned Other TOTAL FUNDING SOURCES 16,000 - - - - Closing Balance-Dec 31 (surplus)/deficit - - - - - Capital Budget Worksheet 2019 Page 245 of 380 F-2019-26 June 25, 2019 REPORT TO: Mayor James M. Diodati and Members of Municipal Council SUBMITTED BY: Finance SUBJECT: F-2019-26 Monthly Tax Receivables Report – May RECOMMENDATION That Council receive the Monthly Tax Receivables report for information purposes. EXECUTIVE SUMMARY This report is prepared monthly to provide Council with an update on the City’s property tax receivables. Outstanding taxes as of May 31, 2019 were $18.8 million compared to $18.2 million in 2018. During May, tax receivables as a percentage of taxes billed was the same as 2018 at 20.4%. The City’s finance staff has begun the collection process for properties that are subject to registration for 2019. There are currently nine properties scheduled for tax sale in the next two years. BACKGROUND This report is being provided as part of the monthly financial reporting to Council by staff. ANALYSIS/RATIONALE Tax collection for 2019 lags slightly behind the collection history for 2018. Table 1 shows that taxes outstanding at May 31, 2019 are $18.8 million. This represents an increase from $18.2 million in arrears for the same period in 2018. This table also breaks down the taxes outstanding by year. Finance staff continues to actively pursue property owners in arrears. Table 2 provides the breakdown of outstanding taxes by assessment class. The majority of outstanding taxes are for the residential and commercial property class. The chart shows the taxes owing from the residential property class has increased slightly from a year ago where as the commercial property class has decreased slightly. Finance staff takes specific collection actions for properties that are subject to registration. At January 1, 2019, 293 properties were subject to registration. Table 3 summarizes the progress of these actions after five months of activity. This table shows 77.1% of the tax accounts or 226 properties have been paid in full or the owners have made suitable payment arrangements. During May, nine accounts were paid in full. In addition, the number of accounts with suitable payment arrangements including paid in full increased from 58.0% (April) to 77.1% (May). Page 246 of 380 2 F-2019-26 June 25, 2019 Finance staff continues to make every effort to have accounts paid in order to avoid the registration process and the associated costs related to that process. Table 4 identifies the properties and associated tax arrears scheduled for tax sales in the future. During the month of May, two registered properties were redeemed and one property was registered. The outstanding taxes for registered properties represents 0.9% of the total taxes to be collected. FINANCIAL/STAFFING/LEGAL IMPLICATIONS Tax arrears as a percentage of taxes billed in a year is a performance measure that stakeholders utilize to analyse an organization’s financial strengths. Niagara Falls, due to its high reliance on commercial assessment, is traditionally higher compared to municipalities of similar size. The percentage of taxes outstanding to taxes billed as at May 31, 2019 is 20.4% which is the same as the 2018 value. The municipality has a record of full collection and earns significant penalty revenues to offset the higher measure. LIST OF ATTACHMENTS Table 1 Taxes Receivable at May 31, 2019 Table 2 Taxes Receivable by Property Class at May 31, 2019 Table 3 Number of Properties Subject to Registration Table 4 Scheduled Tax Sales Dates for Registered Properties Recommended by: Tiffany Clark, Director of Finance Respectfully submitted: Ken Todd, Chief Administrative Officer A. Ferguson Page 247 of 380 TABLE 1 Taxes Receivable at May 31, 2019 2019 2018 Outstanding Taxes @ April 30, 2019 26,601,304$ 25,538,797$ Penalty Charged in May 172,877$ 168,505$ Taxes Collected during May 7,955,779$ 7,495,637$ Outstanding Taxes @ May 31, 2019 18,818,402$ 18,211,665$ Taxes Past Due 18,818,402$ 18,211,665$ Outstanding Taxes by Year: 3 Years and Prior 1,064,808$ 1,171,501$ 2 Year 2,105,506$ 1,883,811$ 1 Year 5,940,557$ 5,623,326$ Current 9,707,530$ 9,533,027$ Total 18,818,402$ 18,211,665$ TABLE 2 Taxes Receivable by Property Class at May 31, 2019 2019 % of Class 2018 % of Class Taxes Owing Taxes Owing Residential 11,082,626$ 58.89%10,300,792$ 56.56% Multi-Residential 181,770$ 0.97%215,602$ 1.18% Commercial 7,006,477$ 37.23%6,998,051$ 38.43% Industrial 530,294$ 2.82%655,402$ 3.60% Farmlands 17,235$ 0.09%41,818$ 0.23% Total Receivables 18,818,402$ 100.00%18,211,665$ 100.00% Page 248 of 380 TABLE 3 Number of Properties Subject to % Registration as at May 31, 2019 Initial Amount (January 1, 2019)293 Paid in Full 68 23.2% Payment Arrangements 158 53.9% Ongoing Collection 67 22.9% Action Registered 0 0.0% 293 100.0% TABLE 4 November 2019 3 64,781$ May 2020 5 86,651$ November 2020 1 9,026$ Totals 9 160,458$ Scheduled Tax Sales Dates for Registered Properties Number of Properties Taxes Outstanding Amount Page 249 of 380 F-2019-27 June 25, 2019 REPORT TO: Mayor James M. Diodati and Members of Municipal Council SUBMITTED BY: Finance SUBJECT: F-2019-27 2019 Schedule of Fees for Services RECOMMENDATION That the Schedule of Fees as presented in the attached schedule, be approved effective July 1, 2019. BACKGROUND The City has a significant number of user fees that are charged for the delivery of services. The fees are reviewed regularly to ensure that the amounts charged are reflective of the objectives of the responsible department and corporation. The attached list requires Council approval. The effective date of the new fees will be July 1, 2019, except where otherwise applicable. FINANCIAL/STAFFING/LEGAL IMPLICATIONS User fees provide approximately 5% of the annual revenues generated by the City and offer an opportunity for the City to offset operating costs without tax increases. The 2019 user fee booklet will be completed and published by the Finance Department once the list of fees are approved. Changes in respect to the individual user fees for 2020 will be considered as an integral part of the 2020 Budget process. ATTACHMENTS Schedule of Fees - July 1, 2019 Recommended by: Tiffany Clark, Director of Finance Respectfully submitted: Ken Todd, Chief Administrative Officer Page 250 of 380 1 Schedule of Fees Page 251 of 380 2 Table of Contents Clerks Department ..................................................................................................................................................... 3 Finance ........................................................................................................................................................................ 5 Water Rates .............................................................................................................................................................. 5 Rate Table for Monthly Service Charges .................................................................................................................. 5 Flat Rate Table for Monthly Service Charges ........................................................................................................... 5 Water, Property Taxes and License Fees .................................................................................................................. 6 Legal ............................................................................................................................................................................ 7 Business Development ............................................................................................................................................. 7 Planning, Building & Development .......................................................................................................................... 8 Alterations & Repairs .............................................................................................................................................. 11 Plumbing & Sewer (Exclusive of other construction) ............................................................................................. 13 Security Performance Deposits .............................................................................................................................. 13 Planning, Building & Development ......................................................................................................................... 14 Refunds ................................................................................................................................................................... 14 Other Applicable Fees ............................................................................................................................................ 14 Property Standards ................................................................................................................................................. 14 City Development Charges 2016 – 2017 ................................................................................................................ 15 Municipal Works ....................................................................................................................................................... 16 Cemetery Fees ......................................................................................................................................................... 18 Notes: ..................................................................................................................................................................... 20 Fire ............................................................................................................................................................................. 21 Recreation & Culture ............................................................................................................................................... 23 Ice Floor Special Events - Commercial Groups ....................................................................................................... 23 Community Groups (registered non-profit) ........................................................................................................... 23 MacBain Community Centre Room Rental Fees .................................................................................................... 24 Gale Centre/Chippawa Room Rental Fees ............................................................................................................. 24 Per Hour Options .................................................................................................................................................... 25 Coronation 50 Plus Recreation Centre ................................................................................................................... 27 Parade Fees ............................................................................................................................................................ 27 Museums Fee Schedule .......................................................................................................................................... 28 Transportation Services .......................................................................................................................................... 30 Niagara Falls Transit Fare Structure ....................................................................................................................... 31 Parking and Traffic Fees .......................................................................................................................................... 32 Page 252 of 380 3 Clerks Department Licence $ Rate $ HST Expiration Date Amusement Place, etc. 45.00 N/A April 30 Auctioneers 65.00 N/A December 31 Bake Shops 30.00 N/A December 31 Barber Shops, Hair Dressing and Esthetician Establishments 30.00 N/A December 31 Bill and Sign Posting and Installation 100.00 N/A December 31 Billard, Bagatelle and Pool Establishments 70.00 N/A December 31 Billard, Bagatelle and Pool Establishments - Plus rate per table 20.00 N/A December 31 Bowling Alleys – per lane 20.00 N/A December 31 Butchers 30.00 N/A December 31 Camping Establishments 110.00 N/A April 30 Commercial Parking Lots 100.00 N/A December 31 Driving Schools 60.00 N/A December 31 Driving Instructors 25.00 N/A December 31 Exhibitions, etc. 45.00 N/A April 30 Flea Markets for first 3 consecutive days 650.00 N/A December 31 Flea Markets - additional rate per day 100.00 N/A To a maximum of $1,150 in one calendar year Food Premises 30.00 N/A December 31 Laundrymen, Laundry Companies, Dry Cleaners, etc. 30.00 N/A December 31 Motels per room 40.00 N/A April 30 Motels Plus rate per room 5.00 N/A April 30 Pawn Brokers 110.00 N/A December 31 Pedlars - Resident 110.00 N/A December 31 Pedlars - Non-Resident 650.00 N/A December 31 Photographers - Resident 65.00 N/A December 31 Photographers - Non-Resident 140.00 N/A December 31 Public Garages 30.00 N/A December 31 Public Auto Service Stations 30.00 N/A December 31 Public Hall Grade 1 – Capacity 1,000 + 45.00 N/A December 31 Public Hall Grade 2 – Capacity 600-999 40.00 N/A December 31 Public Hall Grade 3 – Capacity 300-599 35.00 N/A December 31 Public Hall Grade 4 – Capacity 299-under 30.00 N/A December 31 Refreshment Vehicles - Motorized 185.00 N/A April 30 Refreshment Vehicles - Non-Motorized 100.00 N/A April 30 Restaurants 40.00 N/A Specific Location Daily Sales - Resident 150.00 N/A To a maximum of $1,000 in one calendar year Specific Location Daily Sales - Non-Resident for the first day 500.00 N/A N/A Plus additional rate per day 100.00 N/A N/A Charitable Groups for first 3 days 325.00 N/A To a maximum of $575 in one calendar year Plus additional rate per day 50.00 N/A N/A Tattoo and Body Piercing Parlours 100.00 N/A December 31 Theatres 110.00 N/A December 31 Tourist Homes, Bed & Breakfasts 65.00 N/A April 30 Second Level Lodging 200.00 N/A December 31 Group Homes 25.00 N/A December 31 First year Administrative Fee on all licences 25.00 N/A N/A Page 253 of 380 4 Clerks Department Marriage Licence Fees $ Rate $ HST Expiration Date Marriage Licence ( payable at the time of application) 125.00 N/A N/A Other Licences/Fees $ Rate $ HST Total Recording of City Council Meeting DVD 30.97 4.03 35.00 Adult Entertainment Licence Fees $ Rate $ HST Expiration Date Owner of a Body-Rub Parlour 2,500.00 N/A N/A Operator of a Body-Rub Parlour 400.00 N/A N/A Body-Rubber at a Body-Rub Parlour 250.00 N/A N/A Owner of an Adult Store 200.00 N/A N/A Seasonal Business Services Licences $ Rate $ HST Expiration Date Seasonal Business Services Licence 1,200.00 N/A Valid from Victoria Day weekend until Canadian Thanksgiving Monthly Seasonal Business Service Licence 300.00 N/A Valid for four (4) consecutive weeks Page 254 of 380 5 Finance Water Rates Consumption Charge Rate Water $1.069 per cubic meter Sewer $1.249 per cubic meter Rate Table for Monthly Service Charges Meter Size Water $ Fee Sewer $ Fee 15 millimeters (5/8”) 20.21 21.22 18 millimeters (3/4”) 20.21 21.22 25 millimeters (1”) 21.22 22.28 37 millimeters (1 ½”) 61.65 64.72 50 millimeters (2”) 123.30 129.43 75 millimeters (3”) 247.61 259.93 100 millimeters (4”) 454.80 477.42 150 millimeters (6”) 869.17 912.39 200 millimeters (8”) 1,556.43 1,633.82 250 millimeters (10”) 2,162.83 2,270.38 Flat Rate Table for Monthly Service Charges Flat Rate Monthly Charges Water $ Fee Sewer $ Fee Monthly Charges 49.85 53.84 Flat Rate New Construction Monthly Charges Water $ Fee Sewer $ Fee New Construction Monthly Charges 25.00 25.00 Residential Reluctant Monthly Charges Water $ Fee Sewer $ Fee Reluctant Monthly Charges 149.55 161.52 *Rates displayed assumes payment on or before due date. Payments received subsequent to due dates are subject to a Late Payment Charge of 1.25% to be added to the water account at the beginning of each month. Page 255 of 380 6 Finance Water $ Fee $ HST $ Total New Account Set Up Fee 15.00 N/A 15.00 Collection Charge – overdue water bills 15.00 N/A 15.00 Returned Cheque Fee – per account 35.00 N/A 35.00 Water Information per property 20.00 N/A 20.00 Shutting Off or Turning On Water Supply (arrears & seasonal)-during normal working hours 55.00 N/A 55.00 Shutting Off or Turning On Water Supply (arrears & seasonal)-outside normal working hours 175.00 N/A 175.00 Fail to have property ready for booked meter inspection, sealing & remote installation (ISR) 75.00 N/A 75.00 Shutting Off or Turning on Water Supply (maintenance)-during normal working hours 34.00 N/A 34.00 Shutting Off or Turning on Water Supply (maintenance)-outside normal working hours 175.00 N/A 175.00 Administration Fee for Water Arrears Transferred to Property Taxes 22.00 N/A 22.00 Water Bill Reprint 5.00 N/A 5.00 Water Bill Statement of Account – Current Year No charge Water Bill Statement of Account – One Year 1.00 N/A 1.00 Water Bill Statement of Account – Two Years and Prior 15.00 N/A 15.00 Note: for the purpose of this by-law, normal working hours or water shutoff/turn on shall mean (exclusive of observed holidays): April to November – Monday to Friday between 8:00 am and 3:45 pm November to April – Monday to Thursday 8:00 am and midnight, Friday 8:00 am and 3.45 pm Tax Information $ Fee $ HST $ Total Tax Certificate per property 70.00 N/A 70.00 Tax Information per property 40.00 N/A 40.00 Registration Fees - Mortgage Letter 35.00 N/A 35.00 Registration Fees - Farm Debt Letter 35.00 N/A 35.00 Registration Fees - Final Letter 35.00 N/A 35.00 Interest /Penalty on Tax Arrears 1.25% N/A 1.25% Extension Agreements 500.00 N/A 500.00 Provincial Offences Act – Administration Fee 35.00 N/A 35.00 Personal Tax Information Copy - Current Year No charge No charge No charge Personal Tax Information Copy - One Year 1.00 N/A 1.00 Personal Tax Information Copy - Two Years and prior 15.00 N/A 15.00 Personal Tax Information Copy – Prior to 1990 40.00 N/A 40.00 Mortgage Company Administration Fee 10.00 N/A 10.00 Licences $ Fee $ HST $ Total Dog Licence - Neutered 20.00 N/A 20.00 Dog Licence - Non-neutered 40.00 N/A 40.00 Miscellaneous $ Fee $ HST $ Total Returned Cheque Fee per Account 35.00 N/A 35.00 Address Change Request 314.29 40.86 355.15 Page 256 of 380 7 Legal Description $Fee* $ HST $ Total Preparation of Subdivision Agreement 3,500.00 N/A 3,500.00 Preparation of Development Agreement 3,500.00 N/A 3,500.00 Preparation of Condominium Agreement 3,500.00 N/A 3,500.00 Preparation of Site Plan Agreement 1,500.00 N/A 1,500.00 Preparation of Amending Site Plan Agreement 650.00 N/A 650.00 Preparation of Section 37 Agreement 1,000.00 N/A 1,000.00 Preparation of Conservation Easement Agreement 750.00 N/A 750.00 Preparation of Encroachment Agreement 500.00 N/A 500.00 Preparation of Easement Agreement 500.00 N/A 500.00 Preparation of Lease/Licence Agreement with the City 500.00 65.00 565.00 Preparation of Release of Easement 150.00 N/A 150.00 Preparation of Amending Encroachment Agreement/Assignment of Encroaching Agreement 250.00 N/A 250.00 Preparation of Registration Documentation for Part Lot Control By- law 200.00 N/A 200.00 Preparation of Registration Documentation for Deeming By-law 200.00 N/A 200.00 Preparation of Registration & Discharge of Property Standards Order 150.00 N/A 150.00 Preparation of All Other Agreements 1,500.00 195.00 1,695.00 Preparation of Release and/or Discharge of Agreement 150.00 N/A 150.00 Processing of Air Rights Easement 500.00 N/A 500.00 Request to Purchase Property that has not been previously declared surplus 500.00 N/A 500.00 Request to Lease/Licence City Owned Property 500.00 N/A 500.00 *Subject to Applicable Disbursements Business Development Description $ Fee $ HST $ Total Stanley Ave. Business Park Assoc. Annual Sign Fee for Third Party Advertising (for 4 panels) 500.00 65.00 565.00 Term: October 1, 2019 to September 30, 2020 Payment Due Date: September 1, 2019. Page 257 of 380 8 Planning, Building & Development Official Plan Amendment $ Fee $ HST $ Total Official Plan Amendment Application 12,200.00 N/A 12,200.00 Aggregate Resource Extraction Full Cost Recovery N/A Full Cost Recovery Zoning By-Law Amendment $ Fee $ HST $ Total High Rise Hotels 14,500.00 N/A 14,500.00 Complex 12,200.00 N/A 12,200.00 Standard 5,600.00 N/A 5,600.00 Official Plan & Zoning Amendment (Combined) $ Fee $ HST $ Total High Rise Hotels 16,200.00 N/A 16,200.00 All Other Lands 13,500.00 N/A 13,500.00 Site Plan/Amendment $ Fee $ HST $ Total High Rise Hotels 6,000.00 N/A 6,000.00 All Other Lands (including Testamentary Devise) 4,000.00 N/A 4,000.00 Amendment to Site Plan Agreement 1,500.00 N/A 1,500.00 Plan of Subdivision $ Fee $ HST $ Total Residential Plan 13,500.00 N/A 13,500.00 Modifications to Draft Plan Approval 2,500.00 N/A 2,500.00 Extension to Draft Plan Approval 1,000.00 N/A 1,000.00 Plan of Condominium $ Fee $ HST $ Total Vacant Land / Common Element 10,000.00 N/A 10,000.00 Conversion 2,500.00 N/A 2,500.00 Standard 1,500.00 N/A 1,500.00 Extension of Draft Plan 1,000.00 N/A 1,000.00 Modification of Draft Plan – Vacant Land Condominium 2,500.00 N/A 2,500.00 Modification of Draft Plan – Standard/Conversion 1,225.00 N/A 1,225.00 Part Lot Control $ Fee $ HST $ Total Separation of semi-detached/on-street townhouse units per lot/block (and $510 for each additional lot, per request) 1,700.00 N/A 1,700.00 Deeming by-law (no fee when combined with a zoning amendment) 1,500.00 N/A 1,500.00 Property Relotting for the first lot (and $510 for each additional lot created for the same lands) 3,400.00 N/A 3,400.00 Public Notification $ Fee $ HST $ Total Mailing Re-notification 300.00 N/A 300.00 Reassessment requiring a further report 400.00 N/A 400.00 Newspaper re-notification ($600 deposit payable with application) Actual Cost N/A Actual Cost Notes: Additional fees are required for Regional Planning review of most applications. Additional fees may be required for Niagara Peninsula Conservation Authority and Regional Niagara Health Department review, where applicable. Notes: Additional fees from the Legal Department are required for applications requiring agreements and registrations of some by-laws. Page 258 of 380 9 Planning, Building & Development Committee of Adjustment $ Fee $ HST $ Total Consent Application 3,400.00 N/A 3,400.00 Consent Application to separate two existing units 1,700.00 N/A 1,700.00 Change of Conditions 200.00 N/A 200.00 Minor Variance 2,100.00 N/A 2,100.00 Re-notification /Rescheduling (consent/minor variance) 200.00 N/A 200.00 Concurrent Consent/Minor Variance Application 4,125.00 N/A 4,125.00 Concurrent Consent Application – First Application 3,400.00 N/A 3,400.00 Each additional application for the same lands 510.00 N/A 510.00 Request for Exemption from 2-year waiting period for variances 400.00 N/A 400.00 Sign By-law $ Fee $ HST $ Total Sign By-law Variance (no fee when combined with a zoning amendment) 2,100.00 N/A 2,100.00 Sign By-law Amendment (no fee when combined with a zoning amendment) 5,600.00 N/A 5,600.00 Sidewalk Cafes $ Fee $ HST $ Total Application for Sidewalk Café 500.00 N/A 500.00 Compliance Letters $ Fee $ HST $ Total Site Plan Compliance Letter (no fee when combined with a zoning confirmation letter) 200.00 N/A 200.00 Environmental Request Letter (no fee when combined with a zoning confirmation letter) 200.00 N/A 200.00 Zoning Confirmation Letter 200.00 N/A 200.00 Publications $ Fee $ HST $ Total Official Plan 39.82 5.18 45.00 Zoning By-law 79-200 (as amended) 39.82 5.18 45.00 Urban Woodlot Study 26.55 3.45 30.00 Accommodations & Attractions Inventory 22.12 2.88 25.00 Garner Neighbourhood Secondary Plan 13.27 1.73 15.00 Tourism Policy Review 13.27 1.73 15.00 Tourist Area Development Strategy 13.27 1.73 15.00 Tourist Area Development Application Guide 4.42 0.58 5.00 Sign By-law Review Study 13.27 1.73 15.00 Streetscape Master Plan 13.27 1.73 15.00 Reverse Lot Frontage Interim Guidelines (1989) 8.85 1.15 10.00 Site Plan Policy & Standards (copy included with application) 8.85 1.15 10.00 Smart Growth in Niagara 4.42 0.58 5.00 High-Rise Hotel Development Inventory No charge No charge No charge Heritage Walking Tours No charge No charge No charge Copies of Out-of-Print Materials 35.40 4.60 40.00 Photocopying – 4 pages or more – black & white 0.24 0.03 0.27 Community Improvement Plans $ Fee $ HST $ Total Brownfield CIP 8.85 1.15 10.00 Brownfield Strategy No charge No charge No charge Pilot Project Area No charge No charge No charge Financial Incentives No charge No charge No charge Main & Ferry SWOT Analysis Report No charge No charge No charge Historic Drummondville CIP 8.85 1.15 10.00 Downtown CIP 8.85 1.15 10.00 Page 259 of 380 10 Planning, Building & Development Group A – Assembly Occupancies Permit Fee per m2 January 1, 2017 School, Church, Restaurant (over 30 seats), Library, Theatre, Educational or Recreational Facility and Occupancies of a similar nature. 18.59 Casino 30.15 Group B – Institutional Occupancies Permit Fee per m2 January 1, 2017 Hospital, Nursing Home, Reformatory, Prison and Occupancies of a similar nature 18.59 Group C – Residential Occupancies Permit Fee per m2 January 1, 2017 Single detached, semi-detached, duplex dwelling 12.09 Triplex, Fourplex, Townhouse Dwellings 11.48 Additional fee for finished basement, in any of above 3.53 Apartment Building 11.25 Hotel/Motel/Bed & Breakfast 18.59 Private Outdoor Swimming Pool (Regulated by Swimming Pool By-law 2014-58 - Seasonal 75.00 Private Outdoor Swimming Pool (Regulated by Swimming Pool By-law 2014-58 – Above Ground 150.00 Private Outdoor Swimming Pool (Regulated by Swimming Pool By-law 2014-58 – In Ground 200.00 Group D – Business & Personal Service Occupancies Permit Fee per m2 January 1, 2017 Office or Medical Building, Financial Institutional and Occupancies of a Similar Nature: Finished 18.59 Office or Medical Building, Financial Institutional and Occupancies of a Similar Nature: Architectural Shell 14.87 Group E – Mercantile Occupancies Permit Fee per m2 January 1, 2017 Low Rise Retail Store, Strip Plaza, Small Restaurant of 30 seats or less, and Occupancies of a similar nature: Finished 15.13 Low Rise Retail Store, Strip Plaza, Small Restaurant of 30 seats or less, and Occupancies of a similar nature: Architectural Shell 12.11 Group F – Industrial Occupancies Permit Fee per m2 January 1, 2017 Factory, Plant, Warehouse, Industrial Building and Occupancies of a similar nature 7.36 Offices in Industrial Building 13.85 Parking Garage 5.29 Service Station, Car Wash 12.62 Accessory Structures to Group C – Residential Occupancies Permit Fee per m2 January 1, 2017 Attached Garage/Carport 9.45 Other Accessory Buildings (detached garage/carport, shed) 3.89 Covered Deck/Porch 3.44 Uncovered Deck/Porch (flat fee) 150.00 flat fee Sunroom/Solarium 9.45 Page 260 of 380 11 Planning, Building & Development Special Categories/Designated Structures Permit Fee per m2 January 1, 2017 Agriculture Building (barn, greenhouse) 3.72 Air Supported Structure, Tent, Temporary Fabric Structure: Under 250 m2 150.00 flat fee Air Supported Structure, Tent, Temporary Fabric Structure: 250 m2 or more 1.39/m2 Other Permits Permit Fee m2 Conversion of interior of existing building to Casino $14.31 Signs – Under 10 m2 150.00 flat fee Signs - 10 m2 or more 300.00 flat fee Trailer (construction trailer, sea container) 200.00 flat fee Re-locatable Building/Portable (support structure included) 475.00 flat fee Unenclosed Public Swimming Pool/Spa (pool or spa only) 475.00 flat fee Wind Turbine Structure /On Ground Solar Collector 350.00 flat fee Roof Mounted Solar Panels 250.00 flat fee Other Designated Structure as listed in Division A 1.3.1.1. of the Building Code 250.00 flat fee Mobile Homes Permit Fee m2 CSA Certified Mobile Home (foundation not included) $250.00 flat fee Uncertified Mobile Home (foundation included) 6.43 Mobile Home Foundation 1.84 Alterations & Repairs Group A – Assembly Occupancies Permit Fee per m2 January 1, 2017 Including plumbing AND mechanical 11.15 Including plumbing OR mechanical 10.23 Excluding plumbing AND mechanical 9.30 Group B – Institutional Occupancies Permit Fee per m2 January 1, 2017 Including plumbing AND mechanical 11.15 Including plumbing OR mechanical 10.23 Excluding plumbing AND mechanical 9.30 Group C – Residential Occupancies Permit Fee per m2 January 1, 2017 Including plumbing AND mechanical 7.25 Including plumbing OR mechanical 6.65 Excluding plumbing AND mechanical 6.05 Foundation Only 3.03 Group D – Business and Personal Service Occupancies Permit Fee per m2 January 1, 2017 Including plumbing AND mechanical 11.15 Including plumbing OR mechanical 10.23 Excluding plumbing AND mechanical 9.30 Page 261 of 380 12 Planning, Building & Development Group E – Mercantile Occupancies Permit Fee per m2 January 1, 2017 Including plumbing AND mechanical 9.07 Including plumbing OR mechanical 8.32 Excluding plumbing AND mechanical 7.57 Group F – Mercantile Occupancies Permit Fee per m2 January 1, 2017 Including plumbing AND mechanical 4.42 Including plumbing OR mechanical 4.05 Excluding plumbing AND mechanical 3.69 General Alterations – All Classifications Permit Fee January 1, 2017 Roof Structure (replace, modify or alter structure) $375.00 flat fee Installation of drainage layer and weeping tile system $200.00 flat fee Minor Alteration (not requiring plans) $150.00 flat fee Demolition Permit Fee per m2 Building less than 275 m2 in gross floor area $150.00 flat fee All other demolitions $0.30 Miscellaneous Works Permit Fee per m2 Under pinning (per linear metre) $29.00 Stage (Temporary) $275.00 flat fee Demising Wall/Party Wall Installation $150.00 flat fee Fireplace/Woodstove $150.00 flat fee Commercial Kitchen Hood & Fire Suppression System $275.00 flat fee Fire Alarm System Upgrades/Installations $275.00 flat fee Sprinkler and/or Standpipe System Upgrades/Installations $275.00 flat fee Conditional/Partial Permits Permit Fee Building Foundation – Complete to grade, including all underground services 15% Completed Structural Shell – Complete exterior shell without any interior finishes 55% Complete Architectural Shell – Complete exterior shell including interior finishes on exterior and structural walls 80% Complete Building – Includes all tenant improvements and complete interior finish 100% Administration/Permits Fee Conditional Building Permit Agreement (in addition to permit fees) $500.00 Conditional Permit Deposit (refundable upon issuance of full permit) 10% of construction value (minimum $5,000) Transfer of Permit 150.00 Moving of a Building 100.00 Deferral of Permit Revocation 100.00 Building/Property/Zoning Report 100.00 Compliance Letter 200.00 Liquor Licence Inspection Report (collect $160 for the NFFD in addition to the $150 building fee = $310) 150.00 Limiting Distance Agreement (registered on title) 1,000.00 Change of Use Permit: Under 400 m2 $150.00 flat fee Change of Use Permit: 400 m2 or more $0.78 per sq. m. No Const. required $75.00 flat fee Partial Occupancy Permit of an Unfinished Building $150.00 flat fee Page 262 of 380 13 Planning, Building & Development Inspection/Plans Examination Fee Stock Plans Review (model plans reviewed without building permit application) $350 Off Hours Plans Examination Requests (minimum 4 hours) $125/hour Review of Alternative Solution Submission (minimum 4 hours) $125/hour Secondary Plans Review $75/hour Review of Revisions/Amendments to Permits $100/hour Non Routine Inspection $75/hour Off Hours Inspection $150/hour Unprepared for Inspection $75.00 flat fee Fees Based on Value of Construction: For categories not listed above, the minimum permit fee identified in subsection 1.2 of this Schedule shall apply. $15 per $1,000 of valuated construction cost or portion thereof. Plumbing & Sewer (Exclusive of other construction) Single, Semi-Detached, Duplex, Triplex, Fourplex, Row Houses Permit Fee All plumbing contained inside of a building: First seven (7) fixtures $100 flat fee All plumbing contained inside of a building: Per additional fixtures $8/fixture All Other Buildings Permit Fee All plumbing contained inside of a building: First five (5) fixtures $200 flat fee All plumbing contained inside of a building: Per additional fixtures $8/fixture Sewer and Water Maintenance Permit Fee All buried piping on private property outside of a building: First 15 m $100.00 flat fee All buried piping on private property outside of a building: Per additional 15 m $35.00 flat fee Backflow Preventer installation (water line) $150.00 flat fee Back Water valve installation (sewer) $150.00 flat fee Sump Pit installation (weeping tile installation included) $200.00 flat fee Grease/Oil Interceptor Installation $200.00 flat fee Note: Plumbing and sewer permits are only required for plumbing works done exclusive of any other permit work. Where work is done in relation to works permitted under a building permit, a separate plumbing and sewer permit is not required. Security Performance Deposits Single Permit Deposit Deposit Value Detached dwelling, semi-detached dwelling, duplex, triplex, fourplex, townhouse (per dwelling) $1,000.00 Multiple Permit Deposit Deposit Value Detached dwelling, semi-detached dwelling, duplex, triplex, fourplex, townhouse $10,000.00 Other Permit Deposit Deposit Value Addition(s) to buildings described above where excavation is required $750.00 Miscellaneous construction accessory to the buildings described above with a construction value greater than $3,500 $500.00 Construction projects other than those described above involving buildings or additions where a Site Plan IS required $1,250.00 Construction projects other than those described above involving buildings or additions where a Site Plan IS NOT required $2,500.00 Demolition project $750.00 Moving a building $1,000.00 Conditional Building Permit Deposit (minimum $5,000) 10% of constr. value Page 263 of 380 14 Planning, Building & Development Planning, Building & Development Lot Grading Deposit Value Any type of dwelling in a plan of subdivision that has NOT already been assumed by the City $1,000.00 per dwelling Any type of dwelling proposed to be placed on an infill lot $1,500.00 per dwelling Moving a Building $1,000.00 Refunds Stage of Permit % of Fees Paid Where only administrative functions have been completed (application received, cost analysis complete and application is entered into Building Services Database 90% Where only administrative and zoning functions have been completed 80% Where only administrative, zoning and plans examination functions have been completed 60% Where the permit has been issued and field inspections have yet to be performed, subsequent to permit issuance 50% Where the calculated refund is less than the minimum permit fee application to the work, no refund shall be made of the fees paid. Where a request for refund is made twelve (12) months or more after the issuance of the permit, there shall be no fees refunded. Other Applicable Fees Item Fee $HST $ Total Water Meter (5/8” x ¾”) 409.87 53.28 463.16 911 Sign 150.00 N/A 150.00 Building Fire Search (per hour/per property) 35.00 N/A 35.00 Municipal Enforcement Services $ Fee $ HST $ Total Sign Removal Administration Fee 50.00 N/A 50.00 By-law Booklets 5.00 .65 5.65 Litter By-law Administration Fee 300.00 N/A 300.00 Variances and Appeals to By-laws (general) 250.00 N/A 250.00 Property Standards Fees $ Fee $ HST $ Total Certificate of Compliance 150.00 N/A 150.00 Discharge of an Order registered on title 450.00 N/A 450.00 File of Notice of Appeal 500.00 N/A 500.00 Subject to the provisions of this part and this By-law 2014-87, development charges against land to be developed for residential use shall be calculated and collected at the following base rates: Page 264 of 380 15 Planning, Building & Development City Development Charges 2017-2018 Subject to annual change due to CPI as per By-law – Fees effective September 1, 2017 Development charges against land to be developed for residential use shall be based upon the following designated services within the corresponding area provided by the City, and in proportions applicable to each service. Designated Services Urban Area Non-Urban Area Category Mun-Wide (%) Urban Services (%) City-Wide Only (%) General Government 0.33% 0.00% 0.62% Roads, Public Works & Fleet 22.81% 0.00% 42.98% Sidewalks 0.00% 2.17% 0.00% Transit Services 3.07% 0.00% 5.79% Parks & Recreation 22.18% 0.00% 41.79% Library 1.08% 0.00% 2.03% Stormwater Management 0.00% 15.10% 0.00% Water 0.00% 3.12% 0.00% Fire Services 3.60% 0.00% 6.79% Sanitary Sewer 0.00 26.54% 0.00% Total 53.07% 46.93% 100.00% Designated Services Residential Combined Urban Charge $ Per Dwelling Unit Municipal Wide Charge $ Per Dwelling Unit Single and Semi-Detached Dwelling $12,790 $6,426 Townhouse Dwelling 8,022 3,413 Apartment Dwelling 6,081 3,155 Commercial $ Per sq. m. Tourist Core 26.41 Outside Tourist Core 43.15 Non Urban Area 17.53 Page 265 of 380 16 Municipal Works Private Sewer Lateral Cleaning $ Fee $ HST $ Total Monday to Sunday (exclusive of observed holidays) between 8:00 a.m. and 7:15 p.m. 100.00 N/A 100.00 Monday to Sunday (exclusive of observed holidays) between 7:15 p.m. and 8:00 p.m. 130.00 N/A 130.00 Monday to Sunday (exclusive of observed holidays) between 8:00 p.m. and 8:00 a.m. 255.00 N/A 255.00 Observed Holidays 255.00 N/A 255.00 “No action”, cancellation or false alarm (exclusive of observed holidays) between 8:00 a.m. and 7:15 p.m. 30.00 N/A 30.00 “No action” , cancellation or false alarm (exclusive of observed holidays) per lines 2 and 3 above 255.00 N/A 255.00 Video inspection of a private sewer service (only during times as per line 1 above) free once annually. All other requests will be charged as per lines 1, 2, and 3 above No charge N/A N/A Copy of DVD of video 8.85 1.15 10.00 High pressure flushing of sewer lateral from maintenance hole/property line at City’s direction or requirement Actual Costs Actual Costs Actual Costs Note: Payment can be made by cash or cheque in advance of doing any work. New Install Meter Costs $ Fee $ HST $ Total 5/8” Positive Displacement 380.50 49.47 429.97 5/8” x 3/4” Positive Displacement 384.98 50.05 435.03 3/4” Positive Displacement 418.98 54.47 473.45 1” Positive Displacement 599.10 77.88 676.98 1.5” Positive Displacement 828.18 107.66 935.85 2” compound 2,759.17 358.69 3,117.86 3” compound 3,512.17 456.58 3,968.75 4” compound 5,338.17 693.96 6,032.13 6” compound 8,831.17 1,148.05 9,979.22 6” x 8” compound 11,815.17 1,535.97 13,351.14 4” protectus 11,960.17 1,554.82 13,514.99 6” protectus 14,204.17 1,846.54 16,050.71 8” protectus 16,958.17 2,204.56 19,162.73 10” protectus 22,891.17 2,975.85 25,867.02 Wall Mount Transmitter 218.04 28.35 246.39 Pit Mount Transmitter 276.87 35.99 312.87 Pit Mount Antenna 123.89 16.11 140.00 Fail to be ready for pre-scheduled meter repair by City staff At cost Charge for application to change existing meter size 100.00 N/A 100.00 Bulk Carrier rate for City stand pipe – water (cost plus 25%) 1.34 per cubic meter Water $ Fee $ HST $ Total Installation of Water Service Actual Cost N/A Actual Cost Installation of Water Service: over ¾” water service Actual Cost N/A Actual Cost City supervised tapping fees: 3/4” – 5/8” up to and including 1” service 100.00 N/A 100.00 City supervised tapping fees: 1 1/2” service and above 400.00 N/A 400.00 Hydrant Flushing/Testing: per hydrant 50.00 N/A 50.00 Bulk Water Distribution System – purchase card. 15.00 N/A 15.00 Exercise and Operate Shutoffs 34.00 N/A 34.00 Sanitary Sewer Diversion Rebate Application 100.00 N/A 100.00 Page 266 of 380 17 Municipal Works Notes: Meter Loaned with Back Flow Preventor for approved hydrant consumption: Damage to meter or back flow preventor at cost. Charge for meters found on By-pass: a) By-pass opened with the consent of the City will be charged using the average estimated daily consumption based on annual consumption x number of days on by-pass. b) By-pass opened or meter removed, tampered or illegal will be charged (a) x 3 penalty rate. c) If no previous consumption is recorded, a similarly sized meter/similar use will be used at the Engineer’s discretion to calculate average daily consumption and charge at (b) rate. For the purpose of this By-law, normal working hours shall mean Monday to Friday (exclusive of observed holidays) between 8 a.m. and 4 p.m. Subdivision/Engineering Plans & Prints $ Fee $ HST $ Total Full Size Prints 4.42 0.58 5.00 Photocopies (per page): Letter (colour) 0.50 0.07 0.57 Photocopies (per page): Legal (colour) 0.75 0.10 0.85 Photocopies (per page): Ledger (colour) 1.00 0.13 1.13 Photocopies (per page): Letter (black & white) 0.30 0.04 0.34 Photocopies (per page): Legal (black & white) 0.40 0.05 0.45 Photocopies (per page): Ledger (black & white) 0.50 0.07 0.57 Letters of Compliance 200.00 N/A 200.00 Tender Documents 44.25 5.75 50.00 Engineering Manuals and Report 22.12 2.88 25.00 Water/Sewer Maps/Reports Subdivision Plans Prints $ Fee $ HST $ Total Horizontal & Vertical Control Book (free update for 3 years) 44.25 5.75 50.00 Prints/Plots (1 meter or less) 4.42 0.58 5.00 Prints/Plots (per 0.5 meters after) 0.88 0.12 1.00 Road Occupancy Permit $ Fee $ HST $ Total Application (security Deposit required upon approval of application) 300.00 N/A 300.00 Site Alteration Permit $ Fee $ HST $ Total Application – plus security deposit 50.00 N/A 50.00 Curb & Sidewalk Alterations $ Fee $ HST $ Total Curb Cut per linear foot (minimum cut fee $75.00) 25.00 N/A 25.00 Sidewalk Repair per square foot 9.75 N/A 9.75 Curb Repair per linear foot (minimum repair fee) 40.00 N/A 40.00 Miscellaneous $ Fee $ HST $ Total Parkland Gate Installation Application 500.00 65.00 565.00 Saved documents on customer supplied USB 5.31 0.69 6.00 Saved documents on included USB 13.27 1.73 15.00 Page 267 of 380 18 Cemetery Fees Interment Rights (Lot Sales) Cemetery Fee Care, Maintenance & Trust Fee Total Fee HST Total Charge Fairview - Adult Single Lot 1,035.43 690.28 1,725.71 224.34 1,950.05 Fairview - Preferred Adult Single Lot 1,170.43 780.28 1,950.71 253.59 2,204.30 Lundy’s Lane Adult Single Lot 1,485.43 990.28 2,475.71 321.84 2,797.55 Lundy’s Lane Preferred Adult Single Lot 1,620.43 1,080.28 2,700.71 351.09 3,051.80 Other - Adult Single Lot 1,170.43 780.28 1,950.71 253.59 2,204.30 Fairview - Adult Two Lot Plot 2,070.85 1,380.57 3,451.42 448.68 3,900.10 Fairview – Preferred Adult Double Lot 2,340.85 1,560.57 3,901.42 507.18 4,408.60 Lundy’s Lane Adult Two Plot Lot 2,970.85 1,980.57 4,951.42 643.68 5,595.10 Lundy’s Lane Preferred Adult Double Lot 3,240.85 2,160.57 5,401.42 702.18 6,103.60 Other - Adult Single Lot 2,340.85 1,560.57 3,901.42 507.18 4,408.60 All – Child/Infant Single Lot – Size: 4’x5’ 517.71 345.14 862.85 112.17 975.02 Fairview – Cremation Lot – (Single Lot) 115.40 150.00 265.49 34.51 300.00 Fairview – Cremation Plot – (Four Lots) 585.21 390.14 975.35 126.80 1,102.15 Fairview – Preferred Cremation Plot – (Four Lots) 720.21 480.14 1,200.35 156.05 1,356.40 Lundy’s Lane – Cremation Plot (Four Lots) 1,014.97 676.65 1,691.62 219.91 1,911.53 Lundy’s Lane – Preferred Cremation Plot (Four Lots) 1,149.97 766.65 1,916.62 249.16 2,165.78 One Time Care & Mtnce Fee ** Per lot (grave) 200.00 200.00 26.00 226.00 Interment Rights (Niche Sales – Maple Grove & Stamford) Cemetery Fee Care, Maintenance & Trust Fee Total Fee HST Total Charge Niche Level A & B: Single Niche (Stamford Green Only) 438.86 292.57 731.43 95.09 826.52 Niche Level A & B: Double Niche 1,016.30 677.54 1,693.84 220.20 1,914.04 Niche Level C – F: Single Niche (Stamford Green Only) 554.35 369.56 923.91 120.11 1,044.02 Niche Level C - F: Double Niche 1,154.89 769.92 1,924.81 250.23 2,175.04 Interment Rights (Niche Sales – Primrose & Perriwinkle Only) Cemetery Fee Care, Maintenance & Trust Fee Total Fee HST Total Charge Niche Level A & B: Double Niche 785.32 523.55 1,308.87 170.15 1,479.02 Niche Level C - F: Double Niche 877.72 585.14 1,462.86 190.17 1,653.03 Resident – Interment Services (Burial Fees) Cemetery Fee HST Total Charge Adult Casket Burial 1,476.75 191.98 1,668.73 Child/Infant Casket Burial 738.37 95.99 834.36 Cremains Urn Burial 467.26 60.74 528.00 Oversized Urn Burial (Companion & Urn Vaults) 700.89 91.12 792.01 Cremains Scattering – Remembrance Garden 238.54 31.01 269.55 Cremains – Scattering - Other 119.27 15.51 134.78 Cremains – Scattering – (Care & Maintenance) 50.00 6.5 56.50 Interment Cancellation – Casket (if lot already open) 350.00 45.50 395.50 Interment Cancellation – Urn (if lot/niche already open) 175.00 22.75 197.75 Page 268 of 380 19 Cemetery Fees Non-Resident – Interment Services (Burial Fees) Cemetery Fee HST Total Charge Interment Cancellation – Casket 437.50 56.88 494.38 Interment Cancellation – Urn 218.75 28.44 247.19 Interment Services (Niche Inurnments) Cemetery Fee HST Total Charge Resident – Single Inurnment 368.00 47.84 415.84 Non-Resident – Single Inurnment 460.00 59.80 519.80 Double Cremain Inurnment* 79.65 10.35 90.00 Dis-Inter Niche Urn 175.00 22.75 197.75 *Administration fee for the 2nd inurnment if taking place at the same time as the first and in the same Niche Dis-Interment Services Cemetery Fee HST Total Charge Dis-interment only* 2,500.00 325.00 2,825.00 Dis-interment & Re-interment 4,275.71 555.84 4,831.55 Cremains Dis-interment only* 703.65 91.47 795.12 Cremains Dis-interment & Re-interment 1,192.02 154.96 1,346.98 *Remains are removed from Municipal Cemetery Interment Surcharges Cemetery Fee HST Total Charge Late arrivals – after 3:00 pm Mon-Sat, Sun & Holidays (each ½ hour) 110.62 14.38 125.00 Sunday & Holiday Casket Burial – Scheduled between 11:00 am & 2:00 pm 840.71 109.29 950.00 Sunday & Holiday Cremains Burial – scheduled between 11:00 am & 2:00 pm 420.35 54.65 475.00 Tent Rental (All Interment Services) 132.74 17.26 150.00 Less than 8 Working Hours Casket Burial Order 265.49 34.51 300.00 Less than 8 Working Hours Cremains Burial Order 132.74 17.26 150.00 Administration Services Cemetery Fee HST Total Charge Interment Rights Transfer 79.65 10.35 90.00 Interment Rights Exchange 79.65 10.35 90.00 Interment Rights/Sell Back 79.65 10.35 90.00 Interment Rights Replacement/Duplicate 39.82 5.18 45.00 Cremains Urn Burial – Double (Admin Fee) COMPANION URN 79.65 10.35 90.00 Cemetery Records Search (charge per hour) 39.82 5.18 45.00 Niche Memorial Products Cemetery Fee HST Total Charge BRONZE WREATH – Maple Grove 884.96 115.04 1,000.00 GLASS – Single Niche – Stamford Green 88.49 11.51 100.00 GLASS – Double Niche – Stamford Green 176.99 23.01 200.00 BRONZE PLATE – Single Niche – Stamford Green 663.72 86.28 750.00 BRONZE PLATE – Double Niche – Stamford Green 1,327.43 172.57 1,500.00 Key FOB (extra) Stamford Green 17.70 2.30 20.00 Cemetery & Park Memorial Program Cemetery Fee HST Total Charge Memorial Tree with 4” x 2 ½ ” name tag 750.00 N/A 750.00 Memorial Bench with 3” x 6” plate installed on back of bench 2,500.00 N/A 2,500.00 Memorial Bench with bronze plaque (8” x 10”) and stand 3,250.00 N/A 3,250.00 Memorial Marker – Maple Grove Memory Lane (includes inscription) 550.00 N/A 550.00 Page 269 of 380 20 Cemetery Fees Foundation/Marker/Installation Services Cemetery Fee HST Total Charge Concrete Foundation per cubic foot – supply & install 25.44 3.31 28.75 Foundation Installation (minimum charge) 265.49 34.51 300.00 Foundation Removal 400.00 52.00 452.00 Veteran Upright Marker Setting 132.74 17.26 150.00 Small Flat Marker Setting Under 172 square inches 88.50 11.50 100.00 Large Flat Marker Setting Over 172 square inches 132.74 17.26 150.00 Corner Markers Setting (per set of 4) 88.50 11.50 100.00 Marker Care & Maintenance Fee Cemetery Fee HST Total Charge Flat Marker over 172 square inches 50.00 6.50 56.50 Upright Marker including base up to 4 feet high/long 100.00 13.00 113.00 Upright Marker including base over 4 feet high/long 200.00 26.00 226.00 Notes: A) Interment/Disinterment Services 1. All Committal Service scheduling is at the approval of the Cemetery Services based on location, weather, staff availability and the number of services requested. 2. Monday to Saturday Interment Services (except on statutory or City holidays) may be scheduled between 9 am & 3 pm only. 3. Sunday & statutory holiday Interment Services may be scheduled between 11 am & 2:00 PM. An interment surcharge will apply. 4. A “scheduled” funeral late arrival & other interment surcharges will apply as indicated in the Cemetery fee schedule “Interment Surcharges”. 5. Funeral late arrivals (arriving after the scheduled time) will be subject to an additional fee. 6. Funeral Directors are responsible for advising families, in advance, of potential funeral late charges & applicable surcharges. 7. Dis-interments may be scheduled from May 1st to November 1sy only and at the discretion of the Cemetery Manager or designate. 8. The Funeral Director is responsible for the scheduling & all related costs for disinterments including: casket/urn/vault removal; vault/urn unsealing & resealing; Niagara Regional Health Unit approval & attendance . 9. One time care & Maintenance Fee is charged for an interment (full body or cremation) that takes place in a lot (grave) that was purchased prior to 1955. 10. For persons who do not reside in the City of Niagara Falls, Interment Services Fees will be increased by 25% B) Interment Right Sales 1. The Interment Rights Holder owns the interment rights to a single lot, plot and/or niche. The Interment Rights Holder must abide by the regulations stipulated in the Cemetery By-aw, including the installation of a monument, maintenance of a flowerbed or other memorialization. 2. The Interment Rights Holder may transfer, exchange or sell-back a plot, single lot or niche at any time before an interment takes place. If the above Interment Rights have not been used, the purchaser may, in writing to the City within thirty (30) days from the signing of the contract, cancel this contract and receive a full refund. Following thirty (30) days, the purchaser will be eligible for a full refund less the Care & Maintenance Fees. C) Resale/Transfers The Rights Holder may resell unused lots/plots/niches to the City of Niagara Falls for a refund of the current Cemetery Fee. Rights Holder may also resell unused lots/plots/niches privately. The City reserves first right of refusal for all resell/sell back of Interment Rights (i.e. lots, plots, niches). All documents pertaining to the original sale must be returned to the Cemetery office. An administration charge will apply, in accordance with the current Cemetery Fees Schedule. D) Payment Interment Rights (lot sales) must be paid in full before any burial and/or memorialization can take place. Payment for a burial service (casket, cremation, niche, scatter) is due the day of the service. Credit Card, Debit, Cheque are the only acceptable methods of payment. E) Inquiries All inquiries or concerns should be received in person at the Fairview Cemetery office, on Stanley Avenue, Monday through Saturday 8:00 am to 4:00 pm, or by calling (905) 354-4721 Monday through Friday 8:00 am to 4:00 pm. Saturday appointments must be made at least 48 hours in advance. Page 270 of 380 21 Fire Inspection Services $ Fee $ HST $ Total Private Home Day Care, Respite Homes 175.00 22.75 197.75 Licensed Day Care 250.00 32.50 282.50 Boarding Room & Lodging & Bed & Breakfast 225.00 29.25 254.25 Residential – 1-3 Units – (includes Single Family Dwelling, Duplex and Tri- plex) 250.00 32.50 282.50 Multi-Units – Apartments 1-4 Units 350.00 45.50 395.50 Multi-Units – Over 4 Units, rate per unit 75.00 9.75 84.75 Hotels/Motels – 1-10 units 450.00 58.50 508.50 Hotels/Motels – Over 10 units, rate per unit 75.00 9.75 84.75 Commercial & Industrial less than 1,000 square meters 250.00 32.50 282.50 For each additional 1,000 square meters 75.00 9.75 84.75 Re-inspection Fee for outstanding violations for the second and each subsequent re-inspection 100.00 13.00 113.00 Care/Vulnerable Occupancies 100.00 13.00 113.00 Municipal Licensing Re-Inspection 55.00 7.15 62.15 Unsafe Building Order Compliance Inspection 350.00 45.50 395.50 Note: Requested inspection, outside of regular business hours, on weekends or holidays, is $150.00 per hour, with a minimum fee of $300.00. Approvals/Permits $ Fee $ HST $ Total General File Search 100.00 13.00 113.00 Occupant Load Signs 20.00 2.60 22.60 Reproduce Existing Documents 60.00 7.80 67.80 Fire Safety Plan Review & Approval – per submission 50.00 6.50 56.50 Letters & Produce Incident Reports to Insurance 70.00 9.10 79.10 Liquor Licence Inspection Report 160.00 N/A 160.00 Special Events (Approval Letter) 70.00 9.10 79.10 Fireworks Displays (Approval Letter) 70.00 9.10 79.10 Fireworks Vendor Permit 70.00 N/A 70.00 Designation of Fire Access Routes 150.00 N/A 150.00 Products $ Fee $ HST $ Total Security Key Boxes 150.00 19.50 169.50 Fire Route Signs 35.00 4.55 39.55 Fire Safety Plan Box 142.00 18.46 160.46 Lock for Fire Safety Plan Box 12.00 1.56 13.56 Providing & Installing Carbon Monoxide Alarm Installation 35.40 4.60 40.00 Providing & Installing Combination Smoke/Carbon Monoxide Alarm 35.40 4.60 40.00 Providing & Installing a listed smoke alarm 15.00 1.95 16.95 Miscellaneous $ Fee $ HST $ Total Plan Examinations , per $1 of permit value 0.10 N/A 0.10 Zoning Amendments, per $1 of application fee 0.10 N/A 0.10 Site Plan Review, per $1 of application fee 0.10 N/A 0.10 Committee of Adjustments, per $1 of application fee 0.10 N/A 0.10 Subdivision Plans, per $1 of application fee 0.10 N/A 0.10 Fee to expedite services 50% if current applicable service fee in addition to regular fee Fire Safety Training/Public Education Services $ Fee $ HST $ Total Fire Safety Training – Business (minimum of 4 hours) per hour 50.00 6.50 56.50 Fire Safety Training – Non-profit group No charge Supervision of Fire Drills – Business – per Fire employee 55.00 7.15 62.15 Supervision of Fire Drills – Non-profit group No charge Fire Extinguisher Training Base Price 250.00 32.50 282.50 Fire Extinguisher Training per person 10.00 1.30 11.30 Page 271 of 380 22 Fire Recoverable Fire Department Expense $ Fee $ HST $ Total Title Searches 40.00 5.20 45.20 Corporate Profiles 50.00 6.50 56.50 Fire Investigation – Contracted equipment reimbursement As billed to the Department Fire Suppression – Contracted equipment reimbursement As billed to the Department Fire Inspection Support (Fire Alarm/Sprinkler, etc.) As billed to the Department Cost to Secure Vacant Building As billed to the Department Fire Protection Services $ Fee $ HST $ Total Failure to Comply with an Ontario Regulation causing an Emergency Response O.Reg 201/01 Per Hour per Fire Department Vehicle **Current MTO Rate Per additional % hour per Fire Department Vehicle 225.00 29.25 254.25 Non-Resident Motor Vehicle Response – per apparatus for 1st hour or part thereof 450.00 58.50 508.50 Non-Resident Motor Vehicle Response – per piece of equipment for each additional half-hour or part thereof 225.00 29.25 254.25 Response for Open Air Burning – per apparatus for the 1st hour or part thereof 450.00 58.50 508.50 Response for Open Air Burning – per apparatus of equipment for each additional half hour or part thereof 225.00 29.25 254.25 After Hours Services (per person/per hour) 100.00 13.00 113.00 Grow Operations/Drug Lab – Response and Remediation 350.00 45.50 395.50 **Note: MTO rate is an established fee used by Fire Departments to cost recover Risk Safety Management Plan (RSMP) Review - Propane $ Fee $ HST $ Total Existing Facility – 5,000 USWG or less 250.00 32.50 282.50 New/Modified Facility – 5,000 USWG or less 500.00 65.00 565.00 Existing Facility – More than 5,000 USWG 1,250.00 162.50 1,412.50 New/Modified Facility – More than 5,000 USWG 2,500.00 325.00 2,825.00 Preventable False Alarms $ Fee $ HST $ Total First Two Alarms, written warning after 2nd alarm No Charge No Charge No Charge Third Alarm 300.00 39.00 339.00 Fourth Alarm 400.00 52.00 452.00 Fifth Alarm 800.00 104.00 904.00 Note: Where the Fire Department responds to a property for repeated preventable fire alarm activations or for responses for single residential alarm activations, the above noted fees will be charged accordingly. The alarms will be calculated based on the calendar year commencing January 1st. Page 272 of 380 23 Recreation & Culture Note: Commercial Groups/Community Groups Non-Profit:  Prime hours are Monday – Friday 5:00 pm – 11:00 pm, Saturday – Sunday 7:00 am – close  Non-prime hours are Monday – Friday 7:00 am – 5:00 pm & 11 pm – 12:00 am.  Statutory Holidays are charged at prime rates.  Summer Ice Rates are applicable from May 1st through August 31st.  Exact dates of opening and closing to be determined each year. Cancellation Fee $ Fee $ HST $ Total Arenas, playing fields, Coronation Centre and MacBain Centre Community Centre rentals 20.00 2.60 22.60 Ice/Floor Rentals (Fall/Winter) $ Fee $ HST $ Total Adult Ice rental – prime time 218.98 28.47 247.45 Adult Ice rental – non-prime time 112.55 14.63 127.18 Youth Ice rental – prime time (resident) 141.62 18.41 160.03 Youth Ice rental – prime time (non-resident) 196.48 25.54 222.02 Youth Ice rental – non-prime time 90.39 11.75 102.14 Youth Tournament prime time (non-tenant) 163.22 21.22 184.44 Ice Training (non prime only, 5 skater maximum) 60.43 7.86 68.29 Education Rate (all elementary schools) 54.65 7.10 61.75 Floor Rental – Adult 71.07 9.24 80.31 Floor Rental – Youth 65.74 8.55 74.29 Floor Rental – Non-resident 82.78 10.76 93.54 Ice/Floor Rentals (Spring/Summer) $ Fee $ HST $ Total All Users – prime time 212.67 27.65 240.32 All Users – non-prime time 140.73 18.29 159.02 Tenant Groups – prime time 173.97 22.62 196.59 Tenant Groups – non-prime time 115.98 15.08 131.06 Youth Tournament (non-tenant) prime time 163.22 21.22 184.44 Education Rate (all schools) 56.30 7.32 63.62 Floor Rental – Adult 73.20 9.52 82.72 Floor Rental – Youth 67.71 8.80 76.51 Ice Floor Special Events - Commercial Groups Arenas $ Fee $ HST $ Total Weekday 2,914.67 378.91 3,293.58 Weekend 3,307.40 429.96 3,737.36 Community Groups (registered non-profit) Arenas $ Fee $ HST $ Total Ice In 2,611.94 339.55 2,951.49 Ice Out 1,379.15 179.29 1,558.44 Additional Services $ Fee $ HST $ Total Installation and removal of portable floor (per ice pad)** 3,183.62 413.87 3,597.49 Removal and re-installation of side glass ** 2,971.38 386.28 3,357.66 Removal and re-installation of end glass (per end) ** 3,183.62 413.87 3,597.49 Electrical services are extra. Rental must use the arena electrical contractor. First aid medical services are extra and a responsibility of the rental. Special Events: all rates are per day rates. All rentals are from 12:01 am to 11:59 pm. Rates are the same for all facilities. **where the rentals work consecutively, the City will portion installation and removals between different rentals. ***assumes staff required to work for maximum of 4 hours for any one show and facility filled to stands and floor capacity. City will negotiate rates proportional to established attendance. Page 273 of 380 24 Recreation & Culture MacBain Community Centre Room Rental Fees Rooms for Rent (for profit rental fees) $ Hourly Rate $ HST $ Total $ Day Rate $ HST $ Total Multi-Purpose Room A 25.00 3.25 28.25 125.00 16.25 141.25 Multi-Purpose Room D 60.00 7.80 67.80 300.00 39.00 339.00 Multi-Purpose Room E 60.00 7.80 67.80 300.00 39.00 339.00 Multi-Purpose Room D/E (together) 120.00 15.60 135.60 600.00 78.00 678.00 Community Board Room 25.00 3.25 28.25 125.00 16.25 141.25 Coronation Programming Room 60.00 7.80 67.80 300.00 39.00 339.00 Rooms for Rent (Not for profit rental fees) $ Hourly Rate $HST $Total $ Day Rate $ HST $ Total Multi-Purpose Room A 12.50 1.63 14.13 60.00 7.80 67.80 Multi-Purpose Room D/E (together) 60.00 7.80 67.80 300.00 39.00 339.00 Multi-Purpose Room D 30.00 3.90 33.90 150.00 19.50 169.50 Multi-Purpose Room E 30.00 3.90 33.90 150.00 19.50 169.50 Coronation Room 30.00 3.90 33.90 150.00 19.50 169.50 Community Board Room – Non-Resident 12.50 1.63 14.13 60.00 7.80 67.80 Gale Centre/Chippawa Room Rental Fees Memorial Room $ Hourly Rate $ HST $ Total $ Day Rate $ HST $ Total Not for Profit Community Group 50.00 6.50 56.50 200.00 26.00 226.00 For Profit Commercial Use 100.00 13.00 113.00 400.00 52.00 452.00 Birthday Parties – per booking 75.00 9.75 84.75 N/A N/A N/A Boardrooms $ Hourly Rate $ HST $ Total $ Day Rate $ HST $ Total Not for Profit Community Group N/A N/A N/A N/A N/A N/A For Profit Commercial Use 25.00 3.25 28.25 125.00 16.25 141.25 Chippawa Community Room $ Hourly Rate $ HST $ Total $ Day Rate $ HST $ Total Per Booking 75.00 9.75 84.75 N/A N/A N/A Note: Per day is for an 8 hour period. Special provisions for tournaments can be made through contract rental. The Special Event rental rates are for the basic use and services of the facility only. Additional charges will be added for staff, equipment rental and any other facility requirements that are requested. Organizations serving alcoholic beverages must comply with the City’s Alcohol Risk Management Policy. Public Skating $ Fee $ HST $ Total Adult (16 years and over) 3.32 .43 3.75 Child/Student (15 years and under) 2.65 .35 3.00 Family Pass (2 adults, 3 children) 6.20 .80 7.00 Seniors (60 years & over) 2.65 .35 3.00 Commercial Groups (Arenas) $ Fee $ HST $ Total Weekday 2,914.67 378.91 3,293.58 Weekend 3,307.40 429.96 3,737.36 Community Groups (registered non-profit) (Arenas) $ Fee $ HST $ Total Ice In 2,611.94 339.55 2,951.49 Ice Out 1,379.15 179.29 1,558.44 Additional Services $ Fee $ HST $ Total Installation & removal of portable floor (per ice pad)** 3,183.62 413.87 3,597.49 Electrical services are extra. Rental must use the arena electrical contractor. First aid medical services are extra and are the responsibility of the rental. **Where the rentals work consecutively, the City will portion installation and removals between different rentals. **Assume staff required to work for a maximum of 4 hours for any one show and facility filled to stands and floor capacity. City will negotiate rate proportional to established attendance. Page 274 of 380 25 Recreation & Culture Swimming Lessons $ Fee $ HST $ Total 30 minutes – 10 lessons 36.28 4.72 41.00 45 minutes – 10 lessons 40.71 5.29 46.00 60 minutes – 10 lessons 45.13 5.87 51.00 Swim Team 79.65 10.35 90.00 Private Lessons - NEW 30 minutes – 10 lessons 75.22 9.78 85.00 45 minutes – 10 lessons 81.42 10.58 92.00 60 minutes – 10 lessons 88.50 11.50 100.00 Multi-Purposes Artificial Turf Field $ Fee $ HST $ Total Resident minor/youth sport organization 76.24 9.91 86.15 Non-resident minor/youth sport organization 94.52 12.29 106.81 Resident Adult not-for-profit, sport organization 110.10 14.31 124.41 Non-resident Adult not-for-profit, sport organization 141.91 18.32 160.23 Commercial, private clubs or for profit 173.72 22.58 196.30 Playing Fields $ Fee $ HST $ Total Youth per participant, includes practices, games and tournaments 8.55 0.11 8.66 Adult per team, includes practices and games (tournaments not included) 173.65 22.57 196.22 Track – exclusive use (Oakes Park) – per day 22.62 2.94 25.56 Per Hour Options A Category Playing Fields $ Fee $ HST $ Total Resident youth 7.47 0.97 8.44 Non-resident youth 17.12 2.23 19.35 Resident adult 14.94 1.81 16.75 Non-resident adult 36.76 4.65 41.41 Commercial 47.70 6.07 53.77 B Category Playing Fields $ Fee $ HST $ Total Resident youth 6.37 0.76 7.13 Non-resident youth 14.94 1.81 16.75 Resident adult 12.76 1.53 14.29 Non-resident adult 25.88 3.23 29.11 Commercial 36.76 4.65 41.41 C Category Playing Fields $ Fee $ HST $ Total Resident youth No charge No charge No charge Non-resident youth 8.92 1.03 9.95 Resident adult 9.47 1.10 10.57 Tournament Day Rate (day = 10 hours/field) $ Fee $ HST $ Total Resident youth 33.18 4.11 37.29 Non-resident youth 93.35 11.56 104.91 Resident adult 39.97 4.72 44.69 Non-resident adult 191.97 22.69 214.66 Commercial 383.95 45.38 429.33 Lighting $ Fee $ HST $ Total Lighting – one hour 18.65 2.38 21.03 Lighting – two hour 31.09 3.96 35.05 Page 275 of 380 26 Lighting $ Fee $ HST $ Total Lighting – per four hour block 62.16 7.92 70.08 Lighting (Youth per Evening) 30.00 3.90 33.90 Page 276 of 380 27 Recreation & Culture Coronation 50 Plus Recreation Centre Program Fees $ Fee $ HST $ Total $1.00 program drop in 0.88 0.12 1.00 $2.50 regular fitness class 2.21 0.29 2.50 $3.50 advanced fitness class 3.10 0.40 3.50 Bingo & lunch – member 4.87 0.63 5.50 Bingo & lunch – non-member 5.75 0.75 6.50 Yoga/Aqua per class 4.87 0.63 5.50 Zumba per class 3.98 0.52 4.50 Wellness pass 17.70 2.30 20.00 Tai Chi Class Pass 13.27 1.73 15.00 Assessment & program 22.12 2.88 25.00 $2.50 fitness class pass 22.12 2.88 25.00 $3.50 fitness class pass 30.97 4.03 35.00 Membership Fee $ Fee $ HST $ Total Resident 28.32 3.68 32.00 Non-resident 32.74 4.26 37.00 Miscellaneous $ Fee $ HST $ Total Photocopies 0.13 0.02 0.15 Room Rentals $ Fee $ HST $ Total Blue room – minimum 4 hours (1/2 day) 30.19 3.91 34.00 Blue room – over 4 hours (full day) 44.25 5.75 50.00 New Auditorium – minimum 4 hours 56.64 7.36 64.00 New Auditorium – over 4 hours (full day) 83.19 10.81 94.00 Main Auditorium - minimum 4 hours (1/2 day) 83.19 10.81 94.00 Main Auditorium - over 4 hours (full day) 110.62 14.38 125.00 Lower Auditorium – minimum 4 hours (1/2 day) 56.64 7.36 64.00 Lower Auditorium – over 4 hours (full day) 83.19 10.81 94.00 Room set up charge 26.55 3.45 30.00 Parade Fees Parade Fees $ Fee $ HST $ Total Parade – Non profit organization/community group 30.97 4.03 35.00 Parade – Non profit organization/community group late fee 119.47 15.53 135.00 Parade – Commercial Business 309.73 40.27 350.00 Parade – Commercial Business late fee 398.23 51.77 450.00 Food Vendor 10’x10’ 176.99 23.01 200.00 Food Vendor 10’x20’ 265.49 34.51 300.00 Non Food Vendor 10’x10’ 132.74 17.26 150.00 Non Food Vendor 10’x20’ 221.24 28.76 250.00 Refundable Clean Up fee 44.25 5.75 50.00 Page 277 of 380 28 Recreation & Culture Museums Fee Schedule Niagara Falls History Museum Attendance $ Fee $ HST $ Total Adults (20+) 4.42 0.58 5.00 Student (6-19 years old or with valid ID) 3.54 0.46 4.00 Under 6 years old No charge No charge No charge Family (up to 5 people – maximum 3 adults) 13.27 1.73 15.00 Battle Ground Hotel Museum & Willoughby Historical Museum $ Fee $ HST $ Total Admission by donation No charge No charge No charge Educational Programs (minimum 15 participants) $ Fee $ HST $ Total School program (approx. 90 minutes)/student 4.42 0.58 5.00 School – self guided tour/student 1.77 0.23 2.00 45 minute museum or Battlefield experience (school)/student 2.65 0.35 3.00 45 minute museum or Battlefield experience (group)/person 4.42 0.58 5.00 90 minute museum or Battlefield experience (school)/student 3.54 0.46 4.00 90 minute museum or Battlefield experience (group)/person 7.08 0.92 8.00 Additional Tour of Battle Ground Hotel/person 1.77 0.23 2.00 Full day Educational Outreach 221.24 28.76 250.00 ½ day Educational Outreach 132.74 17.26 150.00 Full day School Program 13.27 1.73 15.00 ½ day School Program 8.85 1.15 10.00 Special Events $ Fee $ HST $ Total Drummond Hill Cemetery Tours/person 10.62 1.38 12.00 Photographic Reproductions $ Fee $ HST $ Total Digital image 17.70 2.30 20.00 Photocopy (black & white) 0.17 0.03 0.20 Membership $ Fee $ HST $ Total Individual membership/year 13.27 1.73 15.00 Family membership/year 22.12 2.88 25.00 Other $ Fee $ HST $ Total Research request/first hour No charge No charge No charge Research request – additional research/hour 44.25 5.75 50.00 Rentals (regular hours of operation) $ Fee $ HST $ Total Theatre (per hour) 30.00 3.90 33.90 Theatre (day) 125.00 16.25 141.25 Use of audio-visual equipment (one time fee) 20.00 2.60 22.60 Courtyard (per hour) 30.00 3.90 33.90 Courtyard (per day) 125.00 16.25 141.25 Research room No charge No charge No charge Cancellation fee (one time fee) 20.00 2.60 22.60 Rentals (after hours) $ Fee $ HST $ Total The museum (per hour) 150.00 19.50 169.50 Use of audio-visual equipment (one time fee) 20.00 2.60 22.60 Page 278 of 380 29 Market Fees – Sylvia Place Market $ Fee $ HST $ Total Stall 1 to 43 inclusive – Daily 25.00 3.25 28.00 Stall 1 to 43 inclusive – Monthly 75.00 9.75 84.75 Stall 1 to 43 inclusive – Yearly 125.00 16.25 141.25 Stalls 1, 2, & 3 1,000.00 130.00 1,130.00 Stall 4 500.00 65.00 565.00 Page 279 of 380 30 Transportation Services Permits $ Fee $ HST $ Total Commercial Vehicle (loading permit annually) – first such vehicle 50.00 6.50 56.50 Commercial Vehicle (loading permit annually) – second such vehicle – under the same registered owner as the first permit 10.00 1.30 11.30 Commercial Vehicle (loading permit annually) – each additional such motor vehicle under the same registered owner as the 1st and 2nd permits 5.00 .65 5.65 Oversize/overweight load permit – single trip 25.00 3.25 28.25 Oversize/overweight load permit - annually 150.00 19.50 169.50 On-street overnight parking permit - annually 88.50 11.50 100.00 Newspaper box permit – annually 20.00 N/A 20.00 Parking meter bagging (per meter per day) – standard daily route for bagged 10.00 1.30 11.30 Residential on-street permit/replacement cost 10.00 1.30 11.30 Residential Convenience pass 75.00 9.75 84.75 Parking Lots – Municipal Parking $ Fee $ HST $ Total Lot 1 – per month 25.00 3.25 28.25 Lot 2 – per month 40.00 5.20 45.20 Lot 2 – per hour 1.11 0.14 1.25 Lot 3 – per month 40.00 5.20 45.20 Lot 3 – per hour 1.11 0.14 1.25 Lot 4 – per hour 2.66 0.34 3.00 Lot 4 – per 8 hours 10.63 1.37 12.00 Lot 5 – per hour 2.66 0.34 3.00 Lot 5 – per 8 hours 10.63 1.37 12.00 Lot 7 – per month 40.00 5.20 45.20 Lot 8 – per month 40.00 5.20 45.20 Lot 9 – per month 25.00 3.25 28.25 Lot 9 – per hour 1.11 0.14 1.25 Lot 10 – per month 40.00 5.20 45.20 Lot 10 – per hour 1.11 0.14 1.25 Lot 12 – per month 40.00 5.20 45.20 Lot 12 – per hour 1.11 0.14 1.25 Lot 13 – per month 25.00 3.25 28.25 Lot 13 – per hour 1.11 0.14 1.25 Lot 15 – per month 30.00 3.90 33.90 Lot 17 – per month 40.00 5.20 45.20 Lot 18 – per hour 2.66 0.34 3.00 Lot 18 – per 8 hours 10.63 1.37 12.00 Lot 19 – per month 40.00 5.20 45.20 Lot 19 – per hour 1.11 0.14 1.25 Lot 20 – per hour 2.66 0.34 3.00 Lot 20 – per 8 hours 10.63 1.37 12.00 On-street rate - Commercial/business 1.33 0.17 1.50 On-street rate - Hospital 1.55 0.20 1.75 On-street rate - Tourist 3.10 0.40 3.50 Parking Lot Replacement Cost: 1-15 days Full cost of lot N/A Full cost of lot Parking Lot Replacement Cost: 16-31 days Half cost of lot N/A Half cost of lot Parking Lot Disclaimer: Rates for hourly on-street rates and hourly municipal lots are base rates and subject to change on area needs and demands through the strategic parking rate plan. See parking machines and City website for current listed rates. Page 280 of 380 31 Transportation Services Niagara Falls Transit Fare Structure Cash Fares (exact change) $ Fee $ HST $ Total Adult 3.00 N/A 3.00 VIP – Senior – 65 & older 2.75 N/A 2.75 Student – 13 to 19 years 2.75 N/A 2.75 6 to 12 years 1.75 N/A 1.75 5 and under Free N/A Free Day Pass* $ Fee $ HST $ Total Adult Day Pass 7.00 N/A 7.00 10 Ride Pass $ Fee $ HST $ Total Adult 28.00 N/A 28.00 VIP – Senior – 65 & older 25.00 N/A 25.00 Student – 13 to 19 years 25.00 N/A 25.00 30 Day Pass $ Fee $ HST $ Total Adult 80.00 N/A 80.00 VIP – Senior – 65 & older 65.00 N/A 65.00 Student – 13 to 19 years 65.00 N/A 65.00 Semester Passes** $ Fee $ HST $ Total Student 260.00 N/A 260.00 Bus Charter $ Fee $ HST $ Total Bus Charter – per hour (minimum charter time – 2 hours) 130.00 16.90 146.90 *Day passes allow unlimited travel on Niagara Falls Transit, WEGO Red/Blue and Red Express lines for one calendar day. **Semester passes are valid for high school students for 5 months. 20% discount. Page 281 of 380 32 Transportation Services Parking Violations $ Fee $ HST $ Total Parked overtime – meter zones 20.00 N/A 20.00 Parked expired meter – designated metered zones 12.00 N/A 12.00 Parked facing wrong way 25.00 N/A 25.00 Over 30 cm from edge of roadway 25.00 N/A 25.00 Parked on a boulevard 25.00 N/A 25.00 Obstructing a sidewalk 50.00 N/A 50.00 Parked in a taxi stand 40.00 N/A 40.00 Obstructing lane or driveway 25.00 N/A 25.00 Parking within 20” of a crosswalk 50.00 N/A 50.00 Parking between 2:00 am – 6:00 am 25.00 N/A 25.00 Parking in a bus stop 50.00 N/A 50.00 Stopping in a no stopping zone 50.00 N/A 50.00 Parking highway vehicle overnight 80.00 N/A 80.00 Obstruction fire lane 95.00 N/A 95.00 Handicapped parking only 300.00 N/A 300.00 Parking control photos 0.50 N/A 0.50 Parking infraction record information 5.00 N/A 5.00 NSF fees 35.00 N/A 35.00 Court conviction costs 16.00 N/A 16.00 Traffic/Engineering Information $ Fee $ HST $ Total 8 hour intersection traffic count – per location 265.00 34.45 299.45 24 hour automatic traffic recorder (ATR) – per location 85.00 11.05 96.05 24 hour speed study (ATR) – per location 210.00 27.30 237.30 Motor vehicle collision summary report – per location 50.00 6.50 56.50 Traffic signal timing plan summary – per location 50.00 6.50 56.50 Disabled Parking Sign 25.00 3.25 28.25 Disabled Parking Tab – ($300 fine) 10.00 1.30 11.30 Six foot telespar post and base 30.00 3.90 33.90 Ten foot telespar post and base 40.00 5.20 45.20 24 hour Automatic Traffic Recorder (ATR) season-approximately 150 locations 1,000.00 130.00 1,130.00 Commercial parking lot sign 55.00 7.15 62.15 Administrative Penalties $ Fee Hearing non-appearance fee 50.00 Late payment fee 20.00 MTO search fee 15.00 Screening non-appearance fee 25.00 Page 282 of 380 F-2019-28 June 25, 2019 REPORT TO: Mayor James M. Diodati and Members of Municipal Council SUBMITTED BY: Finance SUBJECT: F-2019-28 Low Income Seniors’ Water and Property Tax Rebate RECOMMENDATION For the information of Council. EXECUTIVE SUMMARY This report is being provided regarding the annual Low Income Seniors’ Water Rebate and the Low Income Seniors’ Property Tax Rebate program. Included in the 2019 Utility Budget and Operating Budgets are amounts of $68,000 (water) and $27,200 (tax). Staff are providing this report to identify for Council that the applications for both rebate programs will be available August 1, 2019 and similar to last year, the application period will end October 31, 2019. Applications for both rebates are available at City Hall, MacBain Centre or online. BACKGROUND Included in the 2019 Municipal Utility Budget, is an amount for the Low Income Seniors’ Water Rebate for the 2019 year. This rebate provides qualifying seniors a rebate of $100. To qualify for this rebate, a senior must have a municipal water account with the City of Niagara Falls and be a recipient of the Guaranteed Income Supplement. The purpose of the grant is to offset some of the increases in water and wastewater charges. Similarly, in 2011, Council approved a low income seniors’ property tax rebate. Qualified applicants for the Property Tax Grant would be any property owner who receives the federal Guaranteed Income Supplement, owns a primary residence in Niagara Falls and is a senior. City staff will take applications from residents that may qualify for either program starting August 1, 2019. Applications are available at City Hall, MacBain Centre or online. The City will be notifying the general public through the upcoming water and sewer bills, as well as through newspaper advertising. Page 283 of 380 2 F-2019-28 June 25, 2018 FINANCIAL/STAFFING/LEGAL IMPLICATIONS The budget impacts of each program is different. The Low Income Senior’s Water Rebate impacts the Municipal Utility Budget and the expenditure is included in the rates to all users. The budget expenditure included in the 2018 Utility budget is $65,000. In 2018 the cost was $56,820. Alternatively, the Low Income Property Tax Rebate impacts the General Purposes Budget. The budget expenditure included in the 2018 General Purposes budget is $16,000 and the actual cost was $22,310. Recommended by: Tiffany Clark, Director of Finance Respectfully submitted: Ken Todd, Chief Administrative Officer Page 284 of 380 HR-2019-04 June 25, 2019 REPORT TO: Mayor James M. Diodati and Members of Municipal Council SUBMITTED BY: Human Resources SUBJECT: Cooling Stations during Heat Advisories RECOMMENDATION That Council receive the following information regarding the City’s “cooling stations” during extreme heat advisories. EXECUTIVE SUMMARY Niagara Region monitors the daily weather reports and issues extreme weather alert notices for the community. A high heat alert in Niagara is initiated and declared if:  The humidex is at least 40°C or higher for two consecutive days - or -  Daily temperatures are expected to reach 31°C or higher for two consecutive days and overnight temperatures are at least 20°C or higher for two consecutive days The City of Niagara Falls has designated Public Cooling Stations throughout the city. Some of the locations include; Coronation 50 Plus Recreation Centre, Gale Centre, MacBain Community Centre and the Niagara Falls Public Libraries. A complete list of the indoor and outdoor cooling stations and a map of their locations can be found on the City’s website. BACKGROUND Infants, children and the elderly are at high risk of heat stroke and other heat related illnesses during excessive heat. Page 285 of 380 HR-2019-04 June 25, 2019 A person with heat stroke may feel one or more of the following symptoms:  Confusion  Dizziness  Nausea  Muscle swelling  Heart disturbances  Headache Other symptoms include seizure, unconsciousness and/or coma. Seek immediate medical attention for heat stroke. The designated cooling stations will provide the public with a safe area to cool down during these extreme conditions. The City’s pools and splash pads are also available for use by the public with extended hours of operation listed on the City’s website. FINANCIAL IMPLICATIONS/BUDGET IMPACT The extra hours of pools operations are anticipated to cost approximately $XXXX per annum and within the parameters of the City’s 2019 budget. CITY’S STRATEGIC COMMITMENT The City of Niagara Falls remains committed to the Strategic Priorities of fostering economic growth, prosperity and customer service to the community. Recommended by: Trent Dark, Director, Human Resources Respectfully submitted: Ken Todd, Chief Administrative Officer Page 286 of 380 Indoor Cooling Centres GALE CENTRE 4171 Fourth Av. (905) 356-7521 - Located on Thorold Stone Rd. east of Stanley Av. MACBAIN COMMUNITY CENTRE 7150 Montrose Rd (905) 356-7521 ext.3330 (905) 356-8080 -Located on the corner of Victoria Av. and Morrison St. 1 2 2 4 3 3 1 4848 Victoria Av. -Located on the corner of Montrose Rd. and McLeod Rd. CORONATION 50 PLUS RECREATION CENTRE 5925 Summer St. (905) 356-6493 -Located on the corner of Summer St. and Main St. 4 N NIAGARA FALLS PUBLIC LIBRARY Page 287 of 380 E.E. Mitchelson Park Swimming Pool & Splashpad 3800 Springdale Avenue Niagara Falls Lions Park Splashpad 4981 Drummond Road F.H. Leslie Park Swimming Pool & Splashpad 5250 Valley Way Prince Charles Park Swimming Pool & Splashpad 6360 Arad Street Patrick Cummings Memorial Sports Complex Splashpad 8965 Willoughby Drive MacBain Community Centre Splashpad 7150 Montrose Road 3970 Welland Street Buck Hinsperger Pool N U.S.A. 420 Outdoor Cooling Centres Page 288 of 380 PBD-2019-40 June 25, 2019 REPORT TO: Mayor James M. Diodati and Members of Municipal Council SUBMITTED BY: Planning, Building & Development SUBJECT: PBD-2019-40 PLC-2019-003, Request for Removal of Part Lot Control Blocks 294, 297 and 299-301 (inclusive) in Plan 59M-463 Warren Woods Phase 5A Plan of Subdivision Applicant: GP Empire Communities (Niagara) Ltd. RECOMMENDATION That Council approve the request and pass the by-law included in tonight’s agenda to designate Blocks 294, 297 and 299-301 (inclusive), Registered Plan 59M-463, as exempt from Part Lot Control for a period of two years. EXECUTIVE SUMMARY GP Empire Communities (Niagara) Ltd. has requested that Council pass a by-law to exempt the subject lands from being subject to Part Lot Control to allow the transfer of ownership of the on-street townhouse dwelling units that are under construction. The request can be supported based on the following:  The use of this Planning Act mechanism is an acceptable alternative to a consent because the blocks are located within a registered subdivision;  The zoning permits on-street townhouse dwelling units and the proposed parcel sizes; and  The by-law will permit a deed to be created for each parcel containing a dwelling unit and permit each property to be sold. BACKGROUND GP Empire Communities (Niagara) Ltd. has submitted a request to have Part Lot Control lifted from Blocks 294, 297 and 299-301 (inclusive) in Registered Plan 59M-463 (Warren Woods Phase 5A plan of subdivision). The subject lands are illustrated on Schedule 1. The removal of Part Lot Control is a planning tool that is intended to allow minor boundary adjustments to blocks within registered plans of subdivision. In this case, the removal of Part Lot Control is requested to allow the creation of a total of 29 parcels for 29 on-street townhouse dwelling units (Blocks 294, 297 and 299-301 (inclusive)). Refer to Schedule 2, for further details. Page 289 of 380 2 PBD-2019-40 June 25, 2019 ANALYSIS/RATIONALE The subject lands are located within the Warren Woods Phase 5A plan of subdivision (59M-463) which was registered on November 26, 2018. The subdivision contains a mix of lots for single detached dwellings and blocks of land for on -street townhouse dwellings. The subject lands are zoned Residential Mixed (R3 -1042) by Zoning By-law No. 79-200, as amended by By-law No. 2017-44. The proposed parcels comply with the minimum lot area and minimum lot frontage requirements of the zoning by-law. Part Lot Control provisions under the Planning Act prevent lands that are within a registered plan of subdivision from being further divided without a consent to sever. Municipalities have the ability to exempt blocks from Part Lot Control to allow lot lines to be reconfigured or part of a block to be conveyed without a consent. Approval of a Part Lot Control by-law is requested so that each unit in the on -street townhouse dwellings can be sold with its own parcel of land. Part Lot Control has been requested to be lifted for two years to allow for flexibility in scheduling real estate closing dates and to consider market absorption of the units. This time period should be sufficient time to allow units to be absorbed by the market. FINANCIAL/STAFFING/LEGAL IMPLICATIONS As Development Charges have already been collected, there a re no financial implications. CITY’S STRATEGIC COMMITMENT Council’s priority is to strengthen and promote economic development in the City. The application is consistent with this priority. LIST OF ATTACHMENTS  Schedule 1 – Location Map  Schedule 2 – Reference Plans – Blocks 294, 297, 299-301(inclusive) Recommended by: Alex Herlovitch, Director of Planning, Building & Development Respectfully submitted: Ken Todd, Chief Administrative Officer N.DeBenedetti:cr Attach. S:\PDR\2019\PBD-2019-40 PLC-2019-003 Request for Removal of Part Lot Control, Warren Woods Phase 5A.docx Page 290 of 380 3 PBD-2019-40 June 25, 2019 SCHEDULE 1 SUBJECT LANDS Page 291 of 380 4 PBD-2019-40 June 25, 2019 SCHEDULE 2 (BLOCK 294) Page 292 of 380 5 PBD-2019-40 June 25, 2019 (BLOCK 297) (BLOCK 299) Page 293 of 380 6 PBD-2019-40 June 25, 2019 (BLOCK 300) Page 294 of 380 7 PBD-2019-40 June 25, 2019 Page 295 of 380 8 PBD-2019-40 June 25, 2019 (BLOCK 301) Page 296 of 380 Nemanja Jevremovic Borislav Zivkovic Canadian Tesla Technical Museum Serbian School Nikola Tesla 35 Green Valley Drive, Unit#1509 8406 Forestview Blvd. Kitchener, ON, N2P 2A5 Niagara Falls, ON, L2H 0B9 226.339.3600 905.321.8201 June 10, 2019 Mayor Jim Diodati and Members of Council City of Niagara Falls, 4310 Queen Street Niagara Falls, Ontario L2E 6X5 RE: REQUEST TO RENAME BENDER STREET INTO NIKOLA TESLA WAY Dear Mayor Diodati and Members of Council: We wish to thank the Mayor and Members of Council for their continuous support in our efforts of recognizing Nikola Tesla and his contributions to the City of Niagara Falls and modern living throughout the world. In 2015, Mayor and Council proclaimed July 10 as “Nikola Tesla Day” in Niagara Falls. Since then we have held Nikola Tesla Day celebrations throughout the City. These celebrations have been greatly memorable for the Serbian community in Niagara Falls and beyond, and for local residents and visitors as well. In 2016, we had a discussion with Mayor Diodati about the possibility of renaming one of the roads in Niagara Falls to “Nikola Tesla”. This tribute would continue the momentum of recognizing the achievements of Nikola Tesla in Niagara Falls that have had momentous global impact. Over the past two years, we have had ample time to research and come up with a proposal for your consideration. The Niagara Plant on the US side was completed in 1895 using the natural power of Niagara Falls with Westinghouse AC generators to produce Tesla’s Polyphase Currents. Massive amounts of power could then be transmitted from the falls to nearby Buffalo. Only a few years following that, the Niagara Plant was producing enough energy to power New York City. In 1905, first Hydroelectric Plant using Tesla patents and Westinghouse generators was completed and put into service on the Canadian side of Niagara Falls. Today almost all of the electricity generated in the world is done using the Tesla Polyphase System. This is only one example of the significance of Nikola Tesla’s contributions. Page 297 of 380 On behalf of the Serbian Community, we wish to file an official request to rename Bender Street into “Nikola Tesla Way”. Initially we considered requesting the renaming of Murray Hill to “Nikola Tesla Way” as that street leads directly to the Niagara Parkway and to the bronze statue of Nikola Tesla that faces Niagara Falls. We have re-evaluated our request as we realize that changing the name of Murray Hill would require a significant amount of local businesses located along the street to change their addresses. The impact of renaming Murray Hill would be much more complex than the renaming of Bender Street, which would be a street renaming that would not impact as many businesses. Renaming Bender Street to “Nikola Tesla Way” would be a small gesture to pay tribute to the great achievements of Nikola Tesla whose inventions created the first Hydroelectric Plant right here in Niagara Falls and transformed the world by launching global electrification. Electricity is one of the nature’s greatest forces. By the end of the 20th Century, humans have successfully harnessed electricity to illuminate and power the world. Over the centuries, scientific discoveries and modern inventions had brought civilization ahead, however, it was not until the eccentric genius of one man unlocked the full potential of electric power. What’s more is that this giant leap forward for humanity happened right here in Niagara Falls. Niagara Falls was the centrepiece for this global phenomenon and we believe that it is time for a significant tribute to Nikola Tesla in the city. As such, we would like to respectfully request the renaming of Bender Street to Nikola Tesla Way. Sincerely, Nemanja Jevremovic Borislav Zivkovic Page 298 of 380 1 Bill Matson Subject:RE: Bender Hill From: Pat Sirianni < > Sent: Friday, June 21, 2019 7:08 AM To: CouncilMembers <councilmembers@niagarafalls.ca> Subject: Bender Hill Patrick Sirianni Niagara Falls, ON, June 21st., 2019 Mayor Jim Diodati and Members of Council City of Niagara Falls, 4310 Queen Street Niagara Falls, Ontario L2E 6X5 RE: REQUEST TO RENAME BENDER STREET INTO NIKOLA TESLA WAY Dear Mayor Diodati and Members of Council: It is my understanding that discussions were held with members of our local Serbian Community who have requested changing the name of Bender Street in recognition of the father of electrical current Nicola Tesla. I feel it is important to pay tribute to Nicola Tesla in and around Niagara Falls because of the great importance of his achievements. However, as a devout student of our local history, perhaps endorsing their proposed request of changing the name of Bender Hill is inappropriate. The Bender family was along with the McMickings,one of the first families to settle in Township #2 (Stamford) in the late 1700s in order to remain faithful to the Crown during the American Revolutionary War after being forced to give up their 320 acre farm in the New Jersey area and retreat out of harms way. Upon reaching Fort Niagara (then under control of the Crown) and after a most perilous journey where only 7 members of a party of 53 survived, Phillip George Bender enlisted with Butlers Rangers for a period of 5 years and was given a land grant in what we know today as Niagara Falls. This grant stretched from the current location of Seneca Street and as far south as Robinson Street (Jolley Cut), and from the river and westerly to Victoria Ave and Stanley Avenues.. After clearing about 12 acres of his land for farming, Phillip built a stone house where Casino Niagara is situated today and most tragically it was destroyed during the War of 1812 by the invading Americans causing the Bender family to completely rebuild. It should also be remembered that for several years in the area of the present day Bird Kingdom, the Benders operated a quarry providing stone for many structures that were built in our then small growing community, including hotels on Bridge Steet, the first Table Rock building, and supplying stone for both the upper and lower Suspension Bridges. Take note that George Bender grandson of Phillip George served as mayor for the Town of Clifton in 1858 and members of the Bender Family also served our local Military regiments with distinction including the War of 1812, the Fenian uprising of the 1860s and even the first World War. Page 299 of 380 2 It would be a crying shame to lose the last reminder of a family who were determined and devoted to our community as the first settlers of what we know today as Niagara Falls. Sincerely Patrick Sirianni Town Crier for the City of Niagara Falls and devout student of our local history Page 300 of 380 1 Heather Ruzylo From:Heather Ruzylo Sent:Tuesday, June 25, 2019 1:50 PM To:Heather Ruzylo Subject:RE: Bender Street -------- Original message -------- From: Pat Sirianni < > Date: 2019-06-24 2:41 PM (GMT-05:00) To: councilmembers@niagarafalls.ca Subject: Bender Street CAUTION: This email originated from outside of the City of Niagara Falls email system. Use caution when clicking links or opening attachments unless you recognize the sender and know the content is safe. Dear Mayor Diodati and Members of Council: It is my sincerest hope that you found my letter dated June 21st in regards to the Bender Hill request an enlightening one. Allow me to repeat the fact that yes indeed Tesla is an important person in our local history, and know that I have been contemplating this "Street issue" seriously and would like to propose a few streets in the area that would indeed compliment Nicola Tesla more effectively then Bender Street could ever allow. 1) At the bottom of Murray Hill, there is a small drive that passes through the Refectory property and exits back on to the Parkway just below the battery of lights a short distance north of the Tesla statue. A big sign at each end of the street would be a great tribute to Tesla 2) The bottom of Fraser Hill which is no longer in use except for an entrance and exit into the Falls Parking lot opposite Table Rock. The drive in and out is situated between the Niagara Power Company (American) and the Toronto Power Company(Canadian) both no longer in use but because of Teslas inventions both served our community and local industry very well. 3) The third location I would consider would be the best if the parties responsible would be willing to agree (MTO). The entire 405 Highway running in an east-west direction to and from the Queenston Lewiston Bridge which we know gives an excellent view of the Mohawk and Adam Beck Generating Stations. I envision signs that Read TESLA EXPRESSWAY. Once again, thanks for your valuable time Sincerely Patrick Sirianni Town Crier- City of Niagara Falls Page 301 of 380 1 Bill Matson From: Sent: To: Sherman Zavitz < > Friday, June 21, 2019 3:56 PM Bill Matson Subject:Bender Hill CAUTION: This email originated from outside of the City of Niagara Falls email system. Use caution when clicking links or opening attachments unless you recognize the sender and know the content is safe. TO: Bill Matson, City Clerk City of Niagara Falls Cc Mayor Jim Diodati Members of City Council City of Niagara falls I understand there is a request before city council to change the street name Bender Hill to Nikola Tesla Way. I am against this proposal. To make such a change would erase from our city map the name of one of the first families to settle in what is now Niagara Falls. United Empire Loyalists, Philip George Bender, along with his wife and family, arrived here in the early 1780s. They were given a land grant along the Niagara River Gorge – the Bender Homestead was built where Casino Niagara now stands, opposite the American Falls. Bender Hill, therefore, is on land once owned by the Bender family. I have no objection to renaming a street here in honour of the illustrious Mr. Tesla, but let’s choose a street without historical significance. Sincerely, Sherman Zavitz Official Historian, City of Niagara Falls Virus-free. www.avast.com Page 302 of 380 1 Heather Ruzylo To:Heather Ruzylo Subject:RE: Renaming a street for Nikola Tesla -------- Original message -------- From: Kenneth Westhues < > Date: 2019-06-24 1:41 PM (GMT-05:00) To: CouncilMembers <councilmembers@niagarafalls.ca> Cc: Subject: Renaming a street for Nikola Tesla CAUTION: This email originated from outside of the City of Niagara Falls email system. Use caution when clicking links or opening attachments unless you recognize the sender and know the content is safe. Dear Mayor Diodati and Councillors, Naming a street here in the Falls for Tesla is a very good idea. He deserves the honour. Naming a street for him would be a public statement that Niagara Falls is not a provincial town, that it belongs to the world. I share, however, Pat Sirianni's and Sherman Zavitz's objections to renaming Bender Street for Tesla. This would be a case of robbing Peter to pay Paul. The Bender family was central to the history of this place long before Tesla was born. A quick glance at a map of the area near the falls shows streets that could be renamed for Tesla without dishonouring anybody else. Falls Avenue is one example. Upper Rapids Boulevard is another. Respect and best wishes to all, Ken Westhues Niagara Falls, Ontario Page 303 of 380 Page 304 of 380 Q1 (January 1 to March 31, 2019) NRH 7-2019 19-181-2.5. May 24, 2019 Page 1 of 10 HIGHLIGHTS: Page 305 of 380 Q1 (January 1 to March 31, 2019) NRH 7-2019 19-181-2.5. May 24, 2019 Page 2 of 10 As the administrator of social housing for Niagara Region, Niagara Regional Housing (NRH) works to fulfill our vision and mission through six main areas of responsibility: 1. Public Housing (NRH Owned Units) 2. Non-Profit Housing Programs 3. Rent Supplement Program 4. Affordable Housing Program 5. Service Manager Responsibilities 6. Housing Access Centre and Centralized Waiting List 1 DAY-TO-DAY MAINTENANCE: In Q1, 2,500 work orders were issued, representing $820,955.20. $32,587.37 of this amount was charged back to tenants who were held responsible for damages. 2018-Q1 2018-Q2 2018-Q3 2018-Q4 2019-Q1 # of work orders issued 2,566 2,768 3,216 3,203 2,500 Work order volume for 2019-Q1 is consistent with 2018-Q1. VISION That the Niagara community will provide affordable, accessible and quality housing for all residents MISSION To expand opportunities that make affordable housing an integral part of building healthy and sustainable communities in Niagara 1. Public Housing (NRH Owned Units) Page 306 of 380 Q1 (January 1 to March 31, 2019) NRH 7-2019 19-181-2.5. May 24, 2019 Page 3 of 10 CAPITAL PROGRAM: The Capital Program is responsible for maintaining the Public Housing (NRH Owned Units) asset and planning for future sustainability. In Q1, 52 contract orders were issued and purchase orders issued $2,939,784.92. The Capital Program was responsible for six capital projects valued at $ 205,000 including:  Domestic Hot Water Replacement  Parking Lot Consulting Design (two locations)  Booster Pump Replacement Design (two locations)  Earth Bins - in ground waste collection  Various RFPs As of March 31, 2019, $205,000 of the $11.7 budgeted (excluding emergency) has been committed and or actually spent (2%). TENANT MOVE OUTS: Move Outs By Reason Health 3 NRH Transfer 11 Long Term Care Facility 4 Moved to Coop or Non-Profit 2 Deceased 14 Bought a House 1 Private Rental 3 Left Without Notice 2 Voluntarily Left Under Notice 2 Other/None Given 7 Eviction – Tribunal 2 Cease to Qualify 0 TOTAL 51 In Q1, there were 51 move outs. Two involved eviction orders granted under the Ontario Landlord Tenant Board (LTB) for Disruptive Behavior with one enforced by the Sherriff. 2018-Q1 2018-Q2 2018-Q3 2018-Q4 2019-Q1 # of move outs 67 83 89 65 51 ARREARS: NRH Housing Operations actively works to reduce rent arrears and saw a significant decrease from the end of 2018-Q1 to the end of 2019-Q1. Mar 31, 2018 Jun 30, 2018 Sept 30, 2018 Dec 31, 2018 Mar 31, 2019 Rent charges for the month $1,167,751.69 $1,136,607.00 $1,165,765.00 $1,187,770.00 $1,203,317.00 Accumulated rent arrears $48,660.91 $35,055.56 $23,378.86 $24,135.76 $35,736.89 Arrears % 4.17% 3.08% 2.01% 2.03% 2.97% Page 307 of 380 Q1 (January 1 to March 31, 2019) NRH 7-2019 19-181-2.5. May 24, 2019 Page 4 of 10 INSURANCE: In Q1, there were two property damage claims expected to exceed the $25,000 deductible and one notice of claims. COMMUNITY RESOURCES AND PARTNERSHIPS: In Q1, we had partnerships with 46 community agencies across Niagara. As a result of these partnerships, more than 200 support and enrichment activities were offered to tenants at NRH sites. Each partnership contributes to tenant lives and, in turn, the success of the Public Housing community as a whole:  In addition to numerous community-building events, the Rykert Volunteer Committee (RVC) began hosting resume-building workshops and sewing classes to enhance tenant employability and skills. The Committee has demonstrated a commitment to responding to the needs of the community, while promoting a positive neighbourhood culture.  A teenage Manchester tenant began working as a “Community Attendant”, a paid position contracted by NRH through the RAFT, tasked with delivery of notices, updating notice boards, returning shopping carts etc. Created as part of enhanced community development at Manchester, the position was designed to engage youth and encourage pride in the community, as well as provide a part-time job for a community teen. Also during Q1, NRH Community Programs Coordinators (CPCs) offered support to 328 new referrals of tenants in need of assistance. Of those new referrals, 56% were considered medium-high need. In particular, there was an increase in the number of tenants requesting help with paperwork and social issues. 2 As administrator of social housing for Niagara Region, NRH provides legislative oversight for 60 Non-Profit Housing Programs (non-profit and co-operative). Operational Reviews are conducted to determine the overall health of each. 2018-Q1 2018-Q2 2018-Q3 2018-Q4 2019-Q1 Healthy 41 41 41 40 40 Routine Monitoring 18 18 18 17 18 Intensive Monitoring 1 1 1 2 0 Pre-PID (Project in Difficulty) 1 1 1 1 1 PID (Project in Difficulty) 1 1 1 1 1 TOTAL 62 62 62 61 60 NRH Housing Programs staff continue to work with Federal Housing Providers as they move toward End of Operating Agreements (EOA). 2. Non-Profit Housing Programs Page 308 of 380 Q1 (January 1 to March 31, 2019) NRH 7-2019 19-181-2.5. May 24, 2019 Page 5 of 10 3 In Q1, there were 1,419 Rent Supplement/Housing Allowance units across Niagara. In the Rent Supplement program, tenants pay 30% of their gross monthly income directly to the private landlord and NRH subsidizes the difference up to the market rent for the unit. The Housing Allowance program is a short-term program that provides a set allowance to help applicants on the wait list. 2018-Q1 2018-Q2 2018-Q3 2018-Q4 2019-Q1 Fort Erie 27 28 28 28 26 Grimsby 26 26 26 26 34 Lincoln (Beamsville) 13 12 12 11 11 Niagara Falls 228 229 230 230 235 Niagara-on-the-Lake - - - - 4 Pelham 23 23 22 21 20 Port Colborne 51 53 51 53 67 St. Catharines 657 700 719 732 741 Thorold 32 37 54 53 57 Welland 202 201 197 201 209 West Lincoln 14 15 15 15 15 TOTAL 1,273 1,324 1,354 1,370 1,419 Variances in the number of Rent Supplement/Housing Allowance units reflects the general management of the program and required take-up/deletion of units due to End of Operating Agreements (EOA), move out of tenants, and/or new units/landlords. Totals will be increasing in the future as some Non-Profit Housing Programs transition into a Rent Supplement agreement upon expiry of their operating agreement. It is unknown which areas will be affected. NIAGARA RENOVATES PROGRAM: Niagara Renovates inspections for 2019-2020 funding are underway. Inspections include all areas inside and outside of the home to ensure compliance with program guidelines. Issues are identified and a detailed Inspection Report is provided to the homeowner. NRH received $600,000 through the Investment in Affordable Housing - Extension (IAH-E) program for homeowner and secondary suite repairs and $311,015 for multi-unit repairs, totaling $911,015 for the 2019/2020 period. 3. Rent Supplement Program 4. Affordable Housing Program Page 309 of 380 Q1 (January 1 to March 31, 2019) NRH 7-2019 19-181-2.5. May 24, 2019 Page 6 of 10 HOMEOWNERSHIP PROGRAM – “WELCOME HOME NIAGARA”: The Homeownership program assists low-to-moderate income rental households to purchase their first home by providing a down payment loan. 2018-2019 funding was fully used by December 2018. NRH received $180,000 through the Investment in Affordable Housing - Extension (IAH-E) program for the 2019/2020 period, with $100,000 of that allocated to Habitat for Humanity Niagara. 2018-Q1 2018-Q2 2018-Q3 2018-Q4 2019-Q1 # of homeowners assisted 5 9 14 19 0 HOUSING FIRST PROGRAM: The Housing First program helps people move quickly from homelessness to their own home by providing supports to help difficult to house individuals find and keep housing. In Q1, 10 individuals/families were housed through the Housing First program. Since 2012, Housing First has helped 381 individuals/families. 2018- Q1 2018- Q2 2018- Q3 2018- Q4 2019- Q1 # of individuals/families housed 17 14 9 27 10 # of Housing First units (at quarter end) 165 170 178 184 189 RENTAL HOUSING (NEW DEVELOPMENT): NRH New Development Carlton Street, St. Catharines Amount Units Investment in Affordable Housing-Extension (IAH-E), Year 3 $5,806,000 45 Investment in Affordable Housing-Extension (IAH-E), Year 4 $2,888,000 23 Social Infrastructure Fund (SIF), Year 1 $2,387,817 17 Roach Avenue, Welland Social Infrastructure Fund (SIF), Year 3 $1,200,000 8 TOTAL $12,281,817 93 At the end of Q1: Carlton Street  Occupancy March 1, 2019  Deficiencies are being addressed  Landscaping and paving outstanding Page 310 of 380 Q1 (January 1 to March 31, 2019) NRH 7-2019 19-181-2.5. May 24, 2019 Page 7 of 10 Roach Avenue  Structural framing and roofing complete  Mechanical rough-in 5%  Electrical rough-in 5%  Drywall delivered to site, window delivery scheduled  Project schedule – approximately 1 month behind schedule  Project approximately 35% complete Additional New Development Investment in Affordable Housing-Extension (IAH-E), Year 2 funding has been allocated to three non-profit organizations and will result in the creation of 40 units for seniors and mental health consumers in Niagara: Amount Units Gateway Residences of Niagara, Huron Street, Niagara Falls $720,000 9 Thorold Municipal Non-Profit, Ormond Street, Thorold $1,228,912 14 Stamford Kiwanis, Barker Street, Niagara Falls $1,089,088 17 TOTAL $3,038,000 40 At the end of Q1:  Gateway Residence of Niagara and Thorold Municipal Non-Profit – complete and operational  Stamford Kiwanis – finishing trades work in progress, approximately 65% complete. Occupancy and substantial completion expected late fall 2019. 5 APPEALS: In Q1, 10 appeals were heard (9 fewer than in 2018-Q1).  Six related to ongoing RGI eligibility (one for a Rent Supplement tenant) o Four for failure to provide information - three were UPHELD; one was OVERTURNED o One for failure to report changes and owes former tenancy arrears - UPHELD o One regarding illegal occupant - OVERTURNED  Four for decisions made by Housing Access (urgent status) - three were UPHELD; one was OVERTURNED 2018-Q1 2018-Q2 2018-Q3 2018-Q4 2019-Q1 # of appeals 19 9 15 12 10 5. Service Manager Responsibilities Page 311 of 380 Q1 (January 1 to March 31, 2019) NRH 7-2019 19-181-2.5. May 24, 2019 Page 8 of 10 INVESTMENTS: See Appendix A – Investment Report 6 APPLICATION ACTIVITY: # of Applications Received & Processed 716 # of Eligible Applications 693 # of Special Provincial Priority Status Applications 83 # of Ineligible Applications 23 # of Urgent Status Applications 115 # of Cancelled Applications 352 # of Homeless Status Applications 146 # of Applicants Housed 171 In Q1, 352 households were removed from the Centralized Waiting List because they were no longer eligible, they found alternate housing or we were unable to make contact. 6. Housing Access Centre & Centralized Waiting List Page 312 of 380 Q1 (January 1 to March 31, 2019) NRH 7-2019 19-181-2.5. May 24, 2019 Page 9 of 10 CENTRALIZED WAITING LIST: 2018- Q1 2018- Q2 2018- Q3 2018- Q4 2019- Q1 # of households A Rent-Geared-to-Income (RGI) waiting list: Niagara resident RGI waiting list 4,287 4,562 4,642 4,616 4,715 Applicants from outside of Niagara 639 692 758 761 793 TOTAL RGI waiting list: 4,926 5,254 5,400 5,377 5,508 Housing Allowance: a set allowance to help applicants on the waiting list with affordability in the private market until housed in an RGI unit 569 605 618 639 704 A1 RGI waiting list demographics: Seniors 2,064 2,173 2,236 2,218 2,257 Adults no dependents 1,630 1,727 1,764 1,761 1,805 Adults with dependents 1,232 1,354 1,400 1,398 1,446 A2 RGI list further segmented (#’s included in A & A1): SPP – Special Provincial Priority (Ministry Priority): helps victims of violence separate permanently from their abuser 122 129 129 131 128 URG – Urgent (Local Priority): for applicants with mobility barriers and/or extreme hardship where their current accommodation puts them at extreme risk and/or causes hardship 104 120 123 116 117 HML – Homeless (Local Priority): provides increased opportunity for placement to homeless households 842 894 947 954 971 SUP – Supportive/Transitional: provides targeted, provisional services to assist individuals to transition beyond basic needs to more permanent housing 17 17 13 13 15 B In addition, NRH manages: Overhoused: households who are living in subsidized accommodation with more bedrooms than they are eligible for 152 167 171 168 180 Transfer: households who are currently living in subsidized accommodation and have requested a transfer to another provider 518 525 547 535 564 TOTAL RGI households on waiting list managed by NRH: 5,596 5,946 6,118 6,080 6,252 C NRH maintains a waiting list for market rent units (62 Non-Profit Housing Programs): Market: applicants who have applied for a market rent unit in the Non-Profit Housing Programs portfolio 578 597 629 647 667 TOTAL households on waiting list managed by NRH: 6,174 6,543 6,747 6,727 6,919 TOTAL individuals on waiting list managed by NRH: 10,380 11,052 11,496 11,488 11,884 Note: the above chart includes only those who apply to the Centralized Waiting List and does not capture the full number of those in need of affordable housing in Niagara. Page 313 of 380 Q1 (January 1 to March 31, 2019) NRH 7-2019 19-181-2.5. May 24, 2019 Page 10 of 10 ESTIMATED WAIT TIMES: CITY SENIORS Age 55 and older SINGLES Age 16-54 HOUSEHOLDS WITH DEPENDENTS Bachelor 1 Bed Bachelor 1 Bed 2 Bed 3 Bed 4 Bed 5 Bed Y E A R S Fort Erie - 9 2 8.5 2 1 5 - Grimsby - 4 - - - - - - Lincoln - 4.5 - 12 9 8 - - Niagara Falls 4 6 - 16 5 3 7 14 Niagara-on-the-Lake - 6.5 - - - - - - Pelham - 3.5 - - - - - - Port Colborne - 4.5 - 13 3 3 3 - St. Catharines - 6.5 9 13 3.5 3 9 12 Thorold - 6.5 - 10 6 8 - - Welland - 5 6 15 5 2.5 7 2 West Lincoln - 4 - - 5.5 7 - - - no units of this size available in this community January 2018 Please note:  wait time information can fluctuate and is an approximation only  wait times may not reflect the actual time one may wait for affordable housing Page 314 of 380 This Quarter BalanceLast Quarter BalanceVariance $ Variance %CommentsCurrent Bank Account:Royal Bank account used for day-to-day operations for the owned units. Also to cash flow various short terms programs funded by Prov and Fed gov't usch as development, homeownership and capital repair programs.$18,628,610.43 6,693,118.16 11,935,492.27 178.32%Since the February 2016 transition to PeopleSoft, day-to-day accounts payable transactions are paid by the Region through PeopleSoft. Reconciliation of the due to the Region account will be performed on a regular basis to transfer amounts due to the Region. Investment Bank Account:Used to hold funds "In Trust" for designated Housing Providers for capital work.Interest earned at a rate of RBC Prime minus 1.70% on balances in bank and investment accounts.A CMHA: Reserves held for CMHA Units.4,592.36 4,592.36 - 0.00%To be paid back to CMHA May 2019.B Ganawageh Capital Fund: 97,971.49 97,971.49 - 0.00%Withdrawals are made in accordance with approved procedures. Current quarter interest.C Due (From) Current Account279,813.40 277,719.84 2,093.56 0.75%Total Investment Bank Account382,377.25 380,283.69 2,093.56 0.55%Quarterly Report on Cash / Investments / Reserves for Period Ending March 31, 2019BANK ACCOUNTSNRH 7‐201919‐181‐2.5.Appendix AMay 24, 20191 of 2Page 315 of 380 This Quarter BalanceLast Quarter BalanceVariance $ Variance %CommentsQuarterly Report on Cash / Investments / Reserves for Period Ending March 31, 2019NRH 7‐201919‐181‐2.5.Appendix AMay 24, 2019Current Instruments: RBC Investment Savings = $4,455,298.26Total6,343,057.59 6,315,853.62 27,203.97 0.43%2 Year GIC, $264,280; due date is 08/21/2020; interest rate of 2.53%INVESTMENT VEHICLES - FUND ACCOUNTINGVarious investment vehicles are used to protect and optimize the cash that is held for specified purposes. Investments are both short-term and long-term in nature. These funds are intended to ensure continued growth without capital erosion by inflation.2 Year GIC, $521,565; due date is 05/16/2019; interest rate of 1.26% to 1.63%2 Year GIC, $497,000; due date is 08/15/2019; interest rate of 1.45% to 2.25%.2 Year GIC, $188,000; due date is 08/17/2020; interest rate of 2.65% to 2.74%2 Year GIC, $376,000; due date is 08/20/2020; interest rate of 2.60% to 2.65%2 of 2Page 316 of 380 Q1 Report on Reserves as at March 31, 2019NRH 7-2019 Appendix ADescriptionBalances atDecember 31, 2018Year-to-dateNet Transfersfrom (to) OperatingYear-to-dateCapital TransfersBalance atMarch 31, 2019503NRH Owned Units Public/Local Housing Corp: Jubilee/Broadoak 215,569 18,000 - 233,569 Fitch Street 261,040 22,250 - 283,290 Carlton - 52,500 - 52,500 Other Owned Units 3,644,207 152,606 (1,111,870) 2,684,943 503NRH Owned Units Public/Local Housing Corp TOTAL4,120,816 245,356 (1,111,870) 3,254,302 502Niagara Regional Housing: Emergency Capital Funding for HousingProviders 1,924,871 318,599 - 2,243,470 Title Normalization for NRH Owned Units 712,381 - - 712,381 New Initiatives, other social housing purposes and any new deposits are addedto this category 3,403,047 - (410,415) 2,992,632 502Niagara Regional Housing TOTAL6,040,299 318,599 (410,415) 5,948,483 Total NRH Capital Reserves10,161,115$ 563,955$ (1,522,285)$ 9,202,785$ 533NRH Rent Supplement: 278,301$ (3,000)$ ‐$ 275,301 NRH Stabilization Reserves TOTAL 278,301$ (3,000)$ -$ 275,301$ 561NRH Employee Future Benefits:792,733$ ‐$ ‐$ 792,733 NRH Future Liability Reserves TOTAL 792,733$ -$ -$ 792,733$ Total 11,232,149$ 560,955$ (1,522,285)$ 10,270,819$ Interest no longer applied by approval of Regional Council (CSD 02-2013).503 NRH Owned Units Public/Local Housing Corp: This reserve was set-up by the Board of Directors as a Reserve Fund in September 2004 for capital expenses related to the NRH owned units. This reserve includes specific reserve balances to support 3 properties (Jubilee/Broadoak, Fitch, Carlton) based on the reserve fund studies completed to ensure sustainable. The balance is for all other owned units.502 Niagara Regional Housing This reserve includes three major elements: (1) Emergency Capital Funding for Housing Providers - intent to support capital repair program for housing providers; surplus from housing programs should be directed to this component of the reserve (2) Title Normalization for NRH Owned Units (3) New Initiatives / New Development - $2.29M is restricted to future development/intensification in Niagara Falls (see 2017 Year-End Transfer) - expected to cover $810k - 100% costs related to 2019 NF capital project; remainder unrestricted.NRH 7-2019May 24, 2019 Page 317 of 380 NRH Rent Supplement: This fund was set-up by the Board of Directors in December 2008 (year end) for a new Rent Supplement program. This Rent Supplement program is budgeted annually and withdrawal from the Reserve matches that year's expenditures.NRH Employee Future Benefits: This fund was set-up by the Board of Directors in 2011 to fund Employee Future Benefits. (retiree benefits, sick leave, vacation. etc.).Page 318 of 380 Quarterly Report Reference Sheet NRH 7-2019 19-181-2.5. REF SHEET May 24, 2019 Page 1 of 4 Page 1 of 4 Updated: September 2018 A AFFORDABLE HOUSING RENTS: Rents are established at 80% market of Canada Mortgage and Housing Corporation (CMHC) Average Market Rent, with no ongoing rental subsidy. APPEALS: Social Housing tenants/members can request reviews of decisions related to applicant eligibility, priority status, transfer requests, overhoused status, ongoing Rent- Geared-to-Income (RGI) eligibility and rent calculation issues. The NRH Appeal Committee makes decisions on appeals from applicants and tenants in Public Housing, Social Housing (where they have not established an Appeal Committee) and Rent Supplement units. All appeal decisions are final, per legislation. ARREARS: To assist with arrears collection, tenants/members are provided the option of entering into a repayment agreement but are still expected to pay full rent on time. B C CAPITAL PROGRAM: Is responsible for maintaining the Public Housing (NRH-owned) asset and planning for future sustainability, as well as issuing tenders for service contracts. CENTRALIZED WAITING LIST: Is comprised of almost 200 subsidiary lists of Public Housing, Social Housing and private units through the Rent Supplement program. It is maintained on a modified chronological basis (i.e. in order to ensure that applicants are treated fairly, units are offered based on the date of application). The needs of particularly at-risk populations are addressed through Priority Status groups that are offered units before other applicants on the Centralized Waiting List:  Special Provincial Priority (SPP) Status  Urgent Status  Homeless Status The Housing Services Act, 2011 (HSA) requires that the Centralized Waiting List is reviewed on a regular basis. Applicants are asked to confirm their continued interest and to update information annually (# of household members, total household income) so that NRH can verify ongoing eligibility for housing subsidy. If a household is no longer interested or is deemed ineligible the application is cancelled and removed from the list. The Centralized Waiting List includes various types of households (i.e. families, seniors and singles/adults without dependents) from both within and outside Niagara, the priority groups mentioned above, RGI and Market applicants and existing tenants who are overhoused (have more bedrooms than they need). COMMUNITY PROGRAMS: NRH’s community partners offer events, presentations, activities and programs to help mitigate the effects of poverty by building community pride, offering life skills training and enhancing the lives of the tenants. While NRH does not deliver these services directly to tenants, NRH’s Community Resource Unit facilitates partnerships by identifying evolving community and tenant needs, connecting with appropriate programs and supporting their ongoing success. D Page 319 of 380 NRH 7-2019 19-181-2.5. May 24, 2019 Page 2 of 4 Quarterly Report Reference Sheet Page 2 of 4 E END OF OPERATING AGREEMENTS (EAO): EOA refers to the expiry of federally signed operating agreements. NRH is working with these providers to find innovative solutions to maintain the existing number of social housing units in Niagara and protect existing tenants/members from losing subsidy. END OF MORTGAGE (EOM): Federal/provincial and provincial housing providers (non- profits and co-ops) legislated under the Housing Services Act (HSA) do not have operating agreements that expire when the mortgage matures. The relationship between service manager and housing provider continues with the housing provider still obliged to follow the HSA. The obligation of service manager to pay a mortgage subsidy ends. EVICTION PREVENTION/SUPPORT: Supports to help NRH tenants stay in their homes through identification of tenant needs and connection with supports and services (ex. Mental health issues, cognitive decline, addiction, family breakdown etc). F G HOMEOWNERSHIP PROGRAM – “WELCOME HOME NIAGARA”: The Homeownership program assists low-to-moderate income rental households to purchase their first home by providing a down payment loan. The loan is forgivable after 20 years if the household remains in the home. HOUSING AND HOMELESSNESS ACTION PLAN (HHAP): Niagara’s 10-year Community Action Plan to help everyone in Niagara have a home. HOUSING ACCESS CENTRE: Housing Access is the gateway to affordable housing in Niagara. All applications for housing are processed through the Housing Access Centre including initial and ongoing eligibility assessment as well as management of the Centralized Waiting List. Options include accommodation with Non-profit and Co- operative housing providers (Social Housing), NRH owned units (Public Housing and two mixed income communities), or for-profit/private landlord owned buildings (Rent Supplement/Housing Allowance). HOUSING ALLOWANCE PROGRAM: A variation of the Rent Supplement program that provides a set allowance of up to $300 per month to private landlords to assist applicants who are on the Centralized Waiting List. HOUSING FIRST: Helps people move quickly from homelessness to their own home by providing supports to help difficult to house individuals find and keep housing. NRH partners with Niagara Region Community Services and community agencies to provide rent supplement to landlords while agency staff provide a range of personalized supports to encourage successful tenancies and, if the tenant chooses, address personal challenges. I INVESTMENT IN AFFORDABLE HOUSING PROGRAM – EXTENSION (IAH-E): Provincial and federally funded program designed to improve access to affordable housing that is safe and suitable, while assisting local economies through job creation generated by new development and home repairs/modifications, including:  Niagara Renovates Page 320 of 380 NRH 7-2019 19-181-2.5. May 24, 2019 Page 3 of 4 Quarterly Report Reference Sheet Page 3 of 4  Homeownership (Welcome Home Niagara)  Rent Supplement/Housing Allowance  Rental Housing (New Development) J K L LOCAL HOUSING CORPORATION (LHC): Also called “Public Housing”, LHC refers to the communities that Niagara Regional Housing owns and manages. M N NIAGARA RENOVATES PROGRAM: Provides assistance to low-to-moderate income homeowners for home repairs, accessibility modifications and the creation of secondary suites in single family homes. Assistance is provided in the form of a forgivable loan, written off over a 10-year period, as long as the homeowner continues to live in the home. NON PROFIT HOUSING PROGRAMS (FORMERLY “SOCIAL HOUSING”): Includes Non- Profit and Cooperative Housing Providers, who own and manage their own housing communities and have their own independent Boards. NRH provides legislative oversight to ensure they are in compliance with the Housing Services Act (HSA). Generally, 25% of these units are designated as market rent units. The remaining 75% of units are offered to households on the Centralized Waiting List that pay RGI. O OPERATIONAL REVIEWS: In order to ensure that non-profit housing providers are in compliance with legislation and local policies, NRH investigates overall health by analyzing many factors including finances, vacancy losses, governance issues, condition of buildings etc. NRH then works with them to bring them into compliance and provide recommendations on best business practices. P PORTABLE HOUSING ALLOWANCE: Direct financial assistance given to the household (tenant) on the Centralized Waiting List; not tied to a housing unit. PRIORITY STATUS GROUPS: Priority Status groups are offered units before other applicants on the Centralized Waiting List:  Special Provincial Priority (SPP) Status is the only legislated priority and is intended to help victims of violence separate permanently from their abuser  Urgent Status is intended for applicants with (1) Mobility Barriers (i.e. physical limitations that require barrier-free units) and/or (2) Extreme Hardship (i.e. where the applicants’ current accommodations puts them at extreme risk and/or causes hardship and relocation would reduce the risks and/or alleviate the hardship  Homeless Status provides an increased opportunity for placement to households that are homeless (1 in every 10 households offered housing) PUBLIC HOUSING (ALSO CALLED “LOCAL HOUSING CORPORATION”): NRH owns and manages 2,660 units of Public Housing stock in 9 of the 12 Niagara municipalities. Page 321 of 380 NRH 7-2019 19-181-2.5. May 24, 2019 Page 4 of 4 Quarterly Report Reference Sheet Page 4 of 4 Tenants pay 30% of their income for rent. *Note: NRH owns and manages an additional 91 units that have affordable (80% market) and market rents. Q R RENT SUPPLEMENT PROGRAM: Tenants pay 30% of their gross monthly income directly to the private landlord and NRH subsidizes the difference up to the agreed market rent for the unit.*See also Housing Allowance Program and Housing First Project. S SERVICE MANAGER: As administrator for affordable housing on behalf of Niagara Region, NRH’s main responsibilities include: administering Rent Supplement Programs, oversight of Non-Profit and Cooperative Housing Providers, determining RGI eligibility, maintaining Centralized Waiting List, establishing Local Policies etc. SOCIAL HOUSING (FORMERLY “AFFORDABLE HOUSING”): All NRH programs and services, including Public Housing (NRH-owned), Non-Profit Housing Programs, the Rent Supplement Program and the Affordable Housing Program T U V W WELCOME HOME NIAGARA: Assists low-to-moderate income rental households to purchase their first home by providing a down payment loan. The loan is forgivable after 20 years if the household remains in the home. X Y Z Page 322 of 380 f o Rrf Community ServicesONTARIO Legislative Services May 22,2019 File#120203 Sent via email: Rino.Mostacci@niaqarareqion.ca Rino Mostacci, Commissioner Planning and Development Services Niagara Region 1815 Sir lssac Brock Way, P.O. Box 1042 Thorold, ON L2V 4T7 Dear Mr. Mostacci Re: Ash Trees in the Town of Fort Erie and Region of Niagara The Municipal Council of the Town of Fort Erie at its meeting of May 21,2019 passed the following resolution. Whereas the Emerald Ash Borer infestation in the Niagara Region has become a serious issue which impacts both deforestation and land use planning, and Whereas the Region of Niagara has commenced a review of its Tree and Forest Conservation By-law No. 30-2008, and Whereas property impacts resulting from the Emerald Ash Borer require immediate attention; Now therefore be it resolved, That: The Town of Fort Erie request the Region of Niagara, in consultation with the Niagara Peninsula Conservation Authority, to develop interim measures to protect the designation and definitions of woodlands and to address the removal of affected trees in all woodlands covered by the Regional Tree and Forest Conservation By-law, prior to the finalization of the By-law revisions; and further Our Focus: Your Future Web-site: www.forterie.ca t2 Mailing Address: The Corporation of the Town of Fort Erie 1 Municipal Centre Drive, Fort Erie ON L2A 256 Office Hours 8:30 a.m. to 5:00 p.m. Phone: (905) 871-1600 FAX: (905) 871-4022 Page 323 of 380 Rino Mostacci, Commissioner Planning and Development Services Page two That: A copy of this resolution be circulated to the area municipalities within the Niagara Region requesting their support. Thank you for your attention to this matter Yours very truly, Carol Schofield, Dipl.M.A. Manager, Legislative Services/Clerk cschofi eld@forterie.ca c.c. Local Area Municipalities Sent via email Page 324 of 380 Rt[Community Services Legislative Services ONTARIO May 22,2019 File#120203 Sent via email: Justin.trudeau@parl.gc.ca The Right Honourable Justin Trudeau Prime Minister House of Commons Ottawa, ON K1A OAG Honourable and Dear Sir: Re: lssuance of Cannabis Licenses in Residentially Zoned Areas The Municipal Council of the Town of Fort Erie at its meeting of May 21,2019 passed the following resolution: That: Council requests the Federal Government to provide information on all cannabis licenses including personal medical licenses to the Town of Fort Erie when licenses are issued, and further That: A public process take place in connection with granting cannabis licenses and their location, and further That: This resolution be circulated to the Prime Minister, the Minister of Health, the Niagara Members of Parliament and Provincial Parliament, and all Ontario municipalities. Thank you for your attention to this very important issue You truly, Carol Sch ld, Dipl.M.A Manager, Legislative Services/Clerk cschofi eld@forterie.ca c.c The Honourable Ginette Petitpas Taylor, Minister of Health Sent via email: Ginefte.petitipastalor@parl.gc.ca The Honourable Rob Nicholson, MP-Niagara, Sent via email : rob. nicholson@parl.gc.ca Vance Badawey, MP-Niagara Centre Sent via email: vance.badawey@parl.gc.ca Chris Bittle, MP-St. Catharines Sent via email: chis.biftle@parl.gc.ca Wayne Gates, MPP-Niagara Falls, Legislative Assembly of Ontario Sent via email: wgates-co@ndp.on.ca Sam Oosterhoff, MPP-Niagara West-Glanbrook, Legislative Assembly of Ontario Sent via email: sa m. ooste rhoff@p c. ol a. o rg Jennifer Stevens, MPP-SI. Catharines Sent via email: JStevens-CO@ndp.on.ca Jeff Burch, MPP-Niagara Centre Sent via email: JBurch-QP@ndp.on.ca All Ontario Municipalities Sent via email Our Focus: Your Future Mailing Address: The Corporation of the Town of Fort Erie 1 Municipal Centre Drive, Fort Erie ON L2A 256 Office Hours 8:30 a.m. to 5:00 p.m. Phone: (905) 871-1600 FAX: (9O5) 871-4022 Web-site: www.forterie.ca Page 325 of 380 ImwEm«x:NK_o _u3:,:asZmwoz mmzn<<ma:mmum<\EzmHm.~o$Enmm>_<_ ._.ouImmEm«xcwio m:E.mnn25m<m:.Hm2m:m3m:_m3% _.(£ 1 7 » r 1 t 1.63.:oom92.3%A. mmsn<<m%$%<.EsmHo.Nopmmu:ES Same:ammBHm__m.omv m:E.mnnawm<m:G33_.m3m:_mom} m:E.mnnWm”w_:mmH:._.Em3%mannm3.<m_ :m__o. ._.:m:_Gmow«m3:a_:ooznmmamamowmmn:m_omaH285__.wmnomoo_om.Nmmowsonmmzaim<0:EammamrHm3m. 3so<0:E_mnm1owmncmmn33$03EmQ€.mzo_mmw<_m<<2Poona‘magmmazoEW8cmnsmsomanoHouwoua «Qocw9332w_:mmH:._.:m3%mmzmmo:._.:Smom<saw.133EmNan..:..Emn_m<H:253Em_mmHr.._.::Gum<3 mmommacmrHmH5:8:3Emmmmmas»EHqmncmmonSosaamo?mm:<mooqmam?ma3Emm.n.<._n_>manEmnmou_msEo 83m9:manm3.o<Emm<m:no:.:EGQm<m<ma:o.15%<0:oznmmama.oommoouamam_:mmH:._.:m3%n:m:3m:. m.__HSosam_mo__._Am.8395%Emnsmzmm3Em3.92How9:9.3.m_303sHma:mmam<ocsmHmImmE&m<.55NM‘ No32,0398E:E.Houwoua.ozmomEmBmacmam363:m<mm_«mma<§:8§_E_mH2,4Ems”8Bmwmmcwm.oznm mom_::5;<0:2.. d§_wwoo. HomQOOQBNS 025358:mam1H.$HE:mmom?wmmn ): J. 5):,)..J; Eon:2.._<_m.Bo: mmsnEsmHm:NopebioES .3"w m:_2.2nm<m:.Gma2_,m3m:_mHum} oom. >mEmozmmmu.<0:8:5«o_,<<m&3m22molmmoozamznm<0:3m<:m<mmoqcono3_:mm<m:$3Em_um1AEmH3m< 255.3nos:.Honosmamamxmwouzozm3Emn:<.m2o_mmw<._3<. ma_<_m»mo_._ _ 0.2ma; _ U=mo3«oHO_m:Gmmiomm _ 0.22ZmmmqmHnm__m §oo._$:mzmm. _ Z_momB_um__m,ozSmmxm _ 60$mmmqm?923$ _ mmxmom.mmm.mo$ _ 328:ammSHm__w.om Page 326 of 380 1 Heather Ruzylo To:Heather Ruzylo Subject:FW: Council Meeting From: Bill Matson Sent: Tuesday, June 18, 2019 1:19 PM To: 'Tansu Barker' < > Subject: RE: Council Meeting Mr. Barker, We now have a written request from a group utilizing the property at Firemen’s Park in August who have requested that City Council be willing to provide an exemption to the City’s Noise By-law. This item will be listed on the Council agenda on Tuesday June 25, 2019 under “Communications of the City Clerk”. At this time if you would like to address Council on the matter I will advise the Mayor that you may be in attendance and would like to speak. I cannot give you a definite time as to when the matter will come up that evening. The meeting is scheduled to start at 5:00pm, we have several other matters on the agenda as well. I can be certain to say that it would not be discussed until sometime after 6:30pm. Please let me know if you would like to speak to the matter on June 25th. Bill Matson | City Clerk | Director of Clerks Services | City of Niagara Falls 4310 Queen Street | Niagara Falls, ON L2E 6X5 | (905) 356-7521 ext 4342 | Fax 905-356-9083 | billmatson@niagarafalls.ca From: Tansu Barker < Sent: Friday, June 14, 2019 10:49 AM To: Bill Matson <billmatson@niagarafalls.ca> Subject: Re: Council Meeting Hello Bill, Thank you for your response. Tansu Barker On Fri, Jun 14, 2019 at 8:57 AM Bill Matson <billmatson@niagarafalls.ca> wrote: Tansu, Thank you for reaching out with your concerns over the concerts at Firemen’s Park. I noted in your email of June 4th that you wanted to be contacted about attending a Council meeting when the concerts were scheduled for discussion. Nothing has been scheduled on a Council agenda to discuss this matter as of yet. Page 327 of 380 2 I did reach out to members of the SCVFA yesterday to inquire about their concert series and remind them that the City’s noise by-law does not allow the playing of music or use of loudspeakers after 9:00pm. I was informed the concerts were starting last night but was told that they would be finished “around 9:00pm”. I also suggested that I be sent a list of any dates that they may be wishing to extend past 9:00pm and I would then list this correspondence on a Council agenda for an upcoming meeting for Council to consider any exemptions to the City’s Noise By-law. It would be at this time that I would have followed your request and invited you to the same meeting to bring forward your concerns. As soon as the matter is scheduled to appear on an agenda, I will be in touch with you. In the meantime, if you have current concerns related to the City’s Noise By-law, feel free to contact the City and ask to speak to staff in Enforcement Services, whom I’ve copied on this email. Bill Matson | City Clerk | Director of Clerks Services | City of Niagara Falls 4310 Queen Street | Niagara Falls, ON L2E 6X5 | (905) 356-7521 ext 4342 | Fax 905-356-9083 | billmatson@niagarafalls.ca Page 328 of 380 _<_m<Nu.~o$ mm”3333PammacQmmum Ummq_<_m3cm32Q..E:n._ O:>cm:?NPmm.~86<<m<<cmEomzzmEmmmnosg>:::m_€332_um~mwasQmmunnoium?_o:N: m_«m3m:.m311:z_mmmS_nm__m.<<mmwmmxumnzzm~o+EH_<_mm~m_.Hmmam8no3um..m.3EG.882333 Q3mmomoamnémmsmzosmn_<_mmHmqmmzmmno3um:.n_o:.n:2m::<<<m:m<m8&3ammimm:o<m« 93%man.Emcane.mnm?mm._:m&:_2_8Emwwono3um::o:_EmEm<mSmgmm33.3ucmz8mm" .032m«mm»Eon<m:aoG2a23Ema<mm«Em<<m:~3Qmmnmmmnmma33=<m<m3Em»<<:m_:nmmE Noam.oqmm?m:ouu_:moEuo::::_mmmamEmm_.m<<o1A_:mSEmo3mmqmma_o8_3:m_n_m_..mmanEm _<_m<oG<o:E>mmon_m_o::m_ucmSE9:,__<mm:nm:m_:3m:~. 0:1:63mom:m8:\<2aSim3o:m<msam:%_a12v8_.m2M33man8:m__u0.:mm_.mm:_onm_ n_;:_22Oozmmomm:czmx<3225.0:8nozzsizm8m_.o<<2%::_n_:m38*mm:<m_m<m3Em» :3:m<m«cmm:mmm:5Em2&3zamma«mmmo? Emm_.mmmasm31855.9.mmmaamsmmonm*m<<:m3m.xmzmmosEm_o8_zo_mmm<_m<<,<<mEmu_m::_:m__<mm2m:m_:_3m3:2:CE:mmn:Ems"E Emvm_._A eE2ouuo1E::<nou83o»mEH:9:m<m:.ho:EmQ2Emcmzm o31¢:Em_on..___3.5233$mmEmmo3um:.8G<5:cmnooasmEqocmzoiEm:53Sq Emmo3um #5.;<0:«oxSiamEm23m8_._m_ccm<<_Eocam<m:nTHE: Emm<m:nEmmmmno:9Emmwanm382.82cm 3953m:<3033$o_.3m:o:E9: _<__xmmuosm...Qim_»m»m__m.w.._:c_amacs: mom,mB,Hm8 3mmmam:33m&m~moc:oow.mo3airs/V. E<<E,_.....nmUoo_A.oo3mm_<3mwS3__m Page 329 of 380 CV FA CHIPPAWA VOLUNTEER FIREFIGHTERS ASSOCIATION 8696 Banting Ave Niagara Falls, On L2G 6Z8 vox: 905 295 4398 email:chippawafire@gmail.com June 12, 2019 City of Niagara Falls Chief Building Official 4310 Queen Street Niagara Falls, On Re: Special Occasion Permit and Noise Control By-Law To The Niagara Falls City Council, On July 13 & 14, 2019, The Chippawa Volunteer Firefighters Associ ation (CVFA) will be hosting the Annual SPN Slo- Pitch Tournament and Street Dance, which is taking place at the Chippawa Lions Park. As part of the event, the CVFA has hired a number of bands, to play the street dance on Saturday July 1 3th 2019. We would like to ask for an extension of the Noise By -Law to Midnight for the event. Bands are scheduled to start playing at 5pm. We are non-profit organization, and all the monies raised from this event, as well as our other events are donated to such initiatives as: Student scholarships, Project Share donations that directly support residents of Chippawa a nd Breakfast Clubs at Riverview Public School and Sacred Heart Catholic School ,to name a few. We have enclosed a map of how we intend to run the event at the Chippawa Lion’s Park,and as to the location of the stage. Should you require any further information, or if we may be of any assistance, please feel free to contact ou r Social Coordinator Brian Winrow at 905 651 9673 or Ken Prohaszka at 905 295 6317. Sincerely, Isabel Beland CVFA Secretary Page 330 of 380 .20..im. 1wxrw.uw2n.w_o%m¢ O?,?%uM7?. 1./omwmA%,?<;,§wo Fr:52...»mazm D./FF@m©0330 '33§¥‘<>\c5\LN} ‘#305%?»ML?r/r0ZWHLVC[WumfE$.>$T ?-9%-:a—~ Page 331 of 380 Clifton Hill BIA 4960 Clifton Hill,Box 60 Niagara Falls,Ontario,L2E 6S8 (905)357-5911 email:hoakes@c|iftonhiIl.com To:BillMatson billmatson@niagarafalls.ca City of Niagara Falls From:Harry Oakes,Chair CliftonHillBIA Date:June 19,2019 Re:2019 Budget Please find attached our 2019 budget request for city council consideration 2019 Budget TODS Highway Signage $10,000 Streetscape Maintenance $25,000 Accounting &Contingency §5,000 2019 Tax Levy Request $40,000 Page 332 of 380 Q 1901 BUFFALO HOSTED THE PAN AMERICAN EXPOSITION ‘‘EXPO FEATURES A HAMILTON DAY AT THE PAN-AM.‘ 0 BUFFALO AND HAMILTON SHARE A UNIQUE HISTORY,EACH BEING THE FIRST MAJOR CITY,IN RESPECTIVE NATION WITH HYDROELECTRIC POWER J HAHILTON DAY AT AT THE 2019 TESLA CONFERENCE IN NEW YORK CITY WE LEARNED THAT "BUFFALO WANTED TO CELEBRATE THE 125 ANNIVERSARY OF THE 1901 PAN-AMERICAN EXPO °RESULTED IN BEING AWARDED THE 2025 INTERNATIONAL HORTICULTURAL EXHIBITION —B RATED EXPO. ‘CROSS BOARDER EXPO —NOTED CITIES IN CANADA INCLUDED "NIAGARA FALLS,FORT ERIE,TORONTO ‘CANADIAN PRIME MINISTER,ONTARIO PREMIER AND FIRST NATION LEADERS NOTIFIED,AS WELL AS PARTICIPATING CITIES Page 333 of 380 .7?I .T.~..I:f{.7 I W ’MET WITH NICHOLAS BAIO,USA DELEGATE TO AIPH,EXPO TEAM SELECT 2025 8.2026 “B”RATED HORTICULTURAL WORLD'S FAIR &EXPO. ‘‘ALLOTTED TIME TODAY —NOT ENOUGH TO GO IN GREAT DETAIL '5 MR.BAIO,PROVIDED A SPEECH TO READ TO COUNCIL,BUT DUE TO TIME CONSTRAIN,IT IS INCLUDED IN YOUR PACKAGE. ‘THE EXPO WILL BE A CROSS BOARDER EXPO RECOGNIZING THAT WE ARE IMPORTANT NEIGHBOURS AND PARTNERS Page 334 of 380 THE INTERNATIONAL ASSOCIATION OF HORTICULTURAL PRODUCERS a HOME ABOLH AiPH MiMBtRs Nrws kVbNiS RH.OURLi>S LUNIALT Us Exhibitions Be pan ofthe worid‘s finest horricuhurai exhibrtions WELCOME TO A The International Association of Horticultural Producers Th:world’:zhampion for th:power of plants Smcg I945‘AIPH ms umea herumiturzl producers In an mlernalional (ommumly um zhrwas 20 ms dzy.Mum has (lunged m lhnnme Technologies zanmea.(Ines rose Irom me ground.and we have Deumie more mnneued um.Mr A;A result.our zsseuml bond mu.vulum rm D2211weaI<ened.AlPH strives (0 reiglme and uphold in zppreclation ofgiinls am we believe IS a basin: human mum.We support (he work oi grower asxouauons glomiiy and “OPPORTUNITY TO DEMONSTRATE '’ “OPPORTUNITY TO HIGHLIGHT "’ —PROJECTED #TO BE IN THE MILLIONS Q G 0 Page 335 of 380 '*RECEIVE THE PACKAGE THAT INCLUDES "SPEECH FROM NICHOLAS BAIO “REPORT TO INCOMING PRESIDENT TRUMP TO CONNECT &TO LOOK INTO THIS PROPOSAL, TO CONNECT WITH NICHOLAS BAIO FOR FURTHER DETAILS,AND "TO EXPLORE OPPORTUNITY TO JOIN THE 2025 EXPOSITION *STAFF TO REPORT BACK WITH FINDINGS 8:RECOMMENDATIONS Page 336 of 380 I¢m¢.mnz:NK_o 30::Im?smqmcwso mmzd<<8%2r:_. §).o$Sum>2. ...9.n- nn1.552x:N<_ohm____<_m$o: m:EmnnUm_mmmao:mmncmm?2:83amma _..o=o<<cu«Emumo__o<<cu Emuma??no3n_m$Q nm?molmnmo3v_mnma 9.83o33m<5 E2%:39mam::3mmqmmn3:m<m<o:mmsgcm:sno..3m:o:me33Emmm:_o8<am.8nocsnzmmum:33m:$9.; umnwmmm3:ocqcvnowasmno::Q_Bmmzzmon._::mNmg.:Emmgmnaa33:3cmm925mctaomn:an2%no.3mo 32Em3m<mm»Em3..o_.3m:o:8or:no::n:_oRmmonuommg8<0:Bmaammu_.mmm:E:o:. >mman?<<ocE<oc§:Q_<_uo2<m&Emmugouzmwmnolmmnosqmsnmmo1:: _ 8:msmcqmoE.no::n=_oR382% Engwmmmaam. Imm?rmw _._$=.2_A:N<_o _ QmqxmwOocznzmgsommOoo&_:m8. _ 06:6mm2_omm _ 0.23z_mmmE_um__m $3Ocmmz932Wzmmnm?_um=m_ozEmmxm _ 80$mwmam?$158 _ mmxwom.mmm.mo$ _ 35.0ammS$__m.om 36::E:Zm?oz moan,_.:Smam<._<_m<Hm:No398v2 .3"_<_n2._.mn_ no":3.n_8n_ma@:_mmm«m«mm_o:.nm“xmmgmqx:N<_o 93.2:mmUm?mmmozxmncmmn <_o_ ._.:m:_A<0:*9.<9:m3m:.ma:2.:no:mEm«<ocqgm_mmm:o:«macaw»2cc.‘:9:n2=§_xmimé3$§m3:323 Emnim<0:o:Em._::m8;no.3:>mm:n_m.W8:2. _cm3"can:<1383:??azm. m=__<_mnmo: _ Q2Em} _ 05:8 _ Q222.wmmEmm__m 3._oo$%Q52 _ z.mcmE_um__m,ozEmea _ 80$wumam?mxzmum _ mmxoomLmm.8$ _ Em?oaamm_.m$=m.om 3.03.:So2._.mnA mms?iE_amm<._<_m<5N95ab»E<_ ._.o”m:<_mGo:A3mao:®:_mmm33m.8v on_._3.a_omm:®:wmmm$$mwo:.om mcgmnnxm_c?mmmmosxmncm? HEdmozosmsmcwon:5Bnsom?mommsmEuo3.::o_.:8Emma»:8095%.Page 337 of 380 >mEco:mmHrHmHQH:omHEmmOHHWHDEHJHmomHommw.HE:H.QH:mmHH=mE3ms>HoHooH:HBoBH6HoHo<HnHonHmomHE3mm. NewH<<HHHwemémw3.EnHH5HESH.wasBoomom. mas:EdHoHoaomodmm8games»8ZHmmm~mHwamHosmHOoE5HH.HHo<<o<oHEamanmo?smmoanoo_BBo=HmHHEHHHoHm mwoc?comono3$8H<H:dHoHHumHHm<oH. ZHmmm§Hum:HmEaP.HBmmHH%B::HoHH.mHH.Q.8onownomEaH_omHoHHHam.HHrmmHHSHo§HmBmmoHHHHHommH8m&Hmom HamHomo:as<HmHoomnH6%Enonmm:HNQ.mmmownowmomH.omHoHHHom.>mmH5mHoHQHH58Ed3:.8E.HmBmom ooo:oEHomH.H:omHoooownm. H430HmomEnmmmoooomm:5moBoc=ooBo:H<<HHHHon330H:mgamH508.?mnHoHoBHooH8En>HHuHH<.~o~HnH mxwoNos. H.HowmoHo»BoH803HmH<<HHH_ooHo~o<H.Hams>HoH.oHoHSo:HmomHanamm.83. 099:53Eaon~HoAHH<Hm<~m.H..5nH9?H8:m<mHHwEmHo:62wonEo<HnHom:HnHHHHo:mHnHaHmHHmonHrHm oEooEEHJ>HH33H.QHcamrHmowmm=25aocmmoomommoo:oBHoHuo<aHoHoEasHmoEm»HHEHHom:W83HoowH:m H58EHm.Hmom092G.m:mmHms>HH.HHB?dcoam<<o:H.H_oowmuww8H509mmmoo:mmHoommHEnHooHmHoo§.8onHHHHm oHoH.on8=HJ> Eommoma»HomowHoBammmoo:mmHoommHHoHamoHHEH«<0cm:<<oH.W.8mmocmoHHHHm§ZHmmm§HumHHmmomSam. m5§.%H5E.m. H\m§mHa<QHQU\.N=\.m~\.m<H.n.E.OE.SE H.8mHnHaoH ZHHnoHmawn.»_u.%§s5HOo_HooH.wHHo: O:HUS“H<Hm%PNOS3Humm.H<H<HozamoA < ,§.oHQ mcgogomHE.nmoo§HHo:_>mmooHmHHo:owH:8BwHHo:mHHLo3Ho:HHEmHwaoacoonmA>HHoHwHvmxwo88. HimaxHoomHHHosH?mHomo:>€>EomoHoHw:m.mHomomwhom.mmmQommHoomaoamxoo.H;HHHmHmmH.§mHmom>HHHH.“ _o:HobHBHoo:m:HHSHE.H:How:cnomcmaomEawawmmwxamomodman90won»035HooHEHmHHo:wo?wnoao?oHo Z92<0?SQ. >W2Boarmmmo.mg.wamnom.H<HH.mommmmHH.HmBHH8nmHodm<08%manH29¢m.9mEHHommooamoaooooHo Zaé<OH.WSQ.momHomaoomwHoooH:5E5.mxvooowmsomm.HHSEW?cmonmama?mm2.5%BoEHooonHHHEH HHHHmHmwSommHoomamonmxHooEm:H:oHcnHmmonHHSOwsm?mbmin.Hue:mayZHmmE.mHumHHmmuHjoaosao.<<n nHcHoHnHv.3%oomoaSnHH_Hmmom3%HonHcH~HamHoHooH:nHoHHmBHHHo=. HEmmamH3.ama3mHHos.8wHmBHH.8=OHJH0o::oHHonE0m:Ho_.aoH.Ho_.oHomomHow:HoHumHammoboomEaH._omH oHHHom.HH55HomaoSozaomSHEH.HmEHH.8:o<a~mHooa.§§HommmE.wmoQHHmEm:HHScm>oammimoamHS/5coo: moEHH:mHbH.o3_mHHo:HomosQ.mH8H<Hm<onm.Oo::oHHHoHm.OEm_.HoFEBHQmomOwomnHHo.:WHHBOH<HHsHm§..H<HvH éoawEH9HHmBHH8urum::oo<Q8nHHHEHmSmH,ooo.§o8mH:25:5oHHHomBanmooomEasnmémaaomBax Hwxuo.HHmoa?mHowenow»HHSoHHHomBa3Ho:m.HEmw59onm<<8.o$5»9HmHmxuomHmHo:5HoHmooHomm?momom H339.5%.mHoaoHHHomHH<oHHHamwonHoéom$3:Huo:mooHo15.88m3min8_.oH:90mxwommH_omHoHHHom.Page 338 of 380 Z?Huammo?mmosSE88:8Hwom8:w_%339?;0055;omHHSoH.H§.EE.Q.moEm»8:30:wasmH..aoEo B::§Hvm_Eomom:SHWWOms335%manic:8cmioxum?acasowH8.5mcv?xmsmmapommzoneancam?8 2:9oEam\8m8:m8Hadmas?8SomH.H=.oH.1m8oocsozm6%:6osmommamBob?oo<a1dmHH8mwH:8Hiw8 7\H:Eo€m_Eam\H~om8=m8Ea9.58Eoamomroo. H50Z8mE.mH~mm8:nansa?mmmow?HmQHQ?NoHm. HEWEmmswBH.oH.8.:HOHuUOH.Z.HHHHJ\mommeaaa03388Hvm?wo?m?8wmxwoE3rmmEwe:vamam8mangoEa mH.H:.o<mH.H45SEclamM:mmmEHHo.w:H8:588:6man»@853Emwaowmomam. Emmmo:08mm5%mmEaonmwiwmaonaHHo~.:oc:EmE553:8.mxwoNewSEH6%&§&88bo<mH8b HHEHH?mwmg:onHHc:Ho:::8.95$EaHzomoammoaHSEH.8<EomoBomcmmammobomHESEm$m8:om: wmnmogm?o./<0H520mo5%8mH8SommoEm:SEcom83.9.821%.$333.>:woH5nHEmowman$.03 Ea QQomHnHmB:8:Hzamoamnos.Em"SEH62833maammwwonZ?mmnmHwomwodmamBow»mEHuoH.Hw:3\Zwmmmmm HumEm..35mnmorom%%Sumob?Hum:omSE:HH?omo?na8H.HwBEo5on355No.MOE. ibw8EaHHm8Eos28330:.Qnammm:08En25.0859.8QommwnmsmEmaEmoaoQJSHuamm<mCow EaEomms?monSE20%ca383%825%;mm2:8sooowsoomod8Enmxuop EmH;oEoS8mSEWmm8EmHuaH:.:wJ~8.~05Qos??:32383%.Eammo:08ERHwHvHVmE.aEamg;oH. EaBaomsm25:8:wHaoS5358E39mm2.6Uiommmos. H53u\\usH..H&.BEo:.amo:H§dawm:mrm.ooB><Hmo::m.mmuxQHQHAoNmmoma.moom-Aw§.mHwo- m§w%%mMWa§>mS%nZ§&.§§mumcm:%EaBuS KH5:mS.oE8S:8m.H<8U.?~&m<8H5:SEHummin8manEaHu?ommmosEmmom?nos.Hwmmws- EmmmoEmaammiEaH.:.mHH.oS8558SqEam8mo:8mowwm:Emmo.“muHEowHvHa. EmmmomE<oBamam:aHom:oHm_uo$8B08mamHSEHQ8wdm<<aH.H55asamnosm. wmm?Hwmmmamm. H\m.,S.Ha<EQQb\.~_\&\.m<H.n..3.Q3»SE Hvmam?oa 2:83‘mam?mmcommos?006038:Page 339 of 380 :$:_£w:NK_o —...—.O—.3”Immz?qmcm?o mmss<<mQ:mmam<._<_m<B.85Sum>_<_ ._.o“I833mcN<_o m:Emn?.E:m£3”_um_mom:o:xmncmmn>mmon_m:o:0:Io:_n:_.E$_vqoqcnmam<<o:amxuo mo=o<<cuEma”_uo__o<<£0 Emama?ano3n_m8q nm?mcozmmuno3n_m$n_ I359._»:N<_o _ Qmqwmw00:30:wminmwoooaim?a _ 051$mmlmomm _ Q22zmmmmqm_um=m 5:095¢:98% _ z_mmmE_um__m_OZSmmxm _ E08mmmam?mi£8?mmxm8.mmm.88 _ :EN8amm:m:m=m.nm 303"Qmww mms?<<ma:mmam<\_<_m<MN.~oSHo?o>2 ._.o"1892x:~<_o on"2:Emma: mc?mnn_u<<“<9.:m<m«mnm_<mgm:92Smuosmm...o_.<05mE<m<Ugmmmzosmmam>uuo_:n3m:am.8no::n__ 3.03“mmuozmA833m:2mms_mnm.no3v mas:._.::«mQm<._<_m<5BSmugES 49n_m_._AAn_m«_Aamw_.mmm:m.nmv mc_2.2n<0::m<m«mnm_<mmm:m<<qmmuosmm3.‘<2:mS<m<o?mmmzozmmag>uuo_:~3m3m3hogan: m:..<a%Una. :39U?ommmosmmm:>::o::Ba3m8Combo: CWTwco?omxm Undoman1339533N93388:5 05.5:H Ocammobn>Emxwnz?omm<aGV>Evo::Bo3mmrm:coE35309wonBoamnm>23:8«madam:mowms >m%ow:Ba38mmmmommGonna:mg:5g:%éa:m_.mo:.msm?awmniammx?awroso23.825559258% S5.8§m:o:o5563Ba:5Ramosomoammiwmsos:5Hamcam?oaHouaamaamOmm3.:om_..:oHmama33$via: omma8:?8caEmocmmommamEaa€$<&a&o=EaEamms?onWmmaaismW03Oo:so:.>€38: >Euo:EBoBnoncam»2::9:::8."cm:5ommaa885BeEaEoooo?smmomCosmo:ma:9::ca83328 .8cow:E::omoo:Bm§.Um:ommmobmmam>EVo::Ba:..mm:w:ca558:8:3B08Ems30QvBwb?om.8 mmmwomm00:30:.E:mmmo?ranéwmaaoaaaaa.3Oo::o:.Uo:mmmmosmmum>Emo:B..BoBmmrm:so:we33530: onEmwo:o§:m.8Eom:m_moE.H?wnosmwsiondamommmosmwmswQd?owno8:wnommwwm<o3moBoBmmow20.3% ommo?moamwmsmm?omosoEEum:mBbm.Uowonmmnaa8Enm:o<o..~ >mm<<an<8 Page 340 of 380 0:222.N Osamao?<05Ewo?bmmos 23:9<8U_.E.&aSa xgixam? ?laiacxa2§a§ 28:9§%saSiHawahwesa33$o\§aNomad:ox9.mE\:.mm:.e:Eax?zaua?.:%§§aQR aEE.amS&_<3U.€.R:aS... - ._.s. MSSN~E§.a.E”Mk , 93:3§.~.a\c\$a8.36EEn:E_a=,Eaa.Si$a~.am=a§\S.xaa:.o:ERnxamasxawNuma&a.:w\.6§ Qa:=2.~.NmamasmamaaamEmaEaabmsaaammmiEmaaE.EmmsE8Bm¢o:m_>§o§a:omEo3a::Em_ waomcaaam$9.5mxmomomN038.‘Eazaaama:EmaE823amw208%Zmmosmmango...eraEariam EaQoiasEoamamroama?a:cm93%.aooB_Bc:EamEOmsmmm<<a~aEasmosaaE83moiQ88H0358. daa>:VEUa_amm.?aommmiwanmEEacmEm<aamnaam8gasOmdmam8axwmmm9:mmnwawumnos8oEan033 EEaN050.>HEa>33aobmaaabaa8caEaEEEawacmsm€35mangomaEa:Eaa~03.mEHBE NGDOSSOGEGBH<3:EaEmmaE9:EaEomaEHEa858>:wEmxwom.5Wm3.0238Ear?a93amonEa OasmmwasEma.Eamma:08mammm€35mxwo«SEmnasmmsoaEEaB58385aaobonmoEswma?EEa SE98ommozmsw.?aama_ammHaE20553:SEEEG:Gonna:omEao%o:§§.Wancamnaocsam8Emw mam8360$wmaw8aocsam§EmmavenEa858:8oobw?aa.onEancammos.Cacao:Emso»Eawsmawa won93.mzasaazmccwoa.>mN.am:8.89€85mxwo:moamU0»8.33Eaoammimaam8EngEamxwonow 833:mum95%8mm2535:.uEaEama?mmosSE23%mo?amcmmawnosomE028833.20.$5 855EaEoEmsaaoboaio35:53man2250Hammaw30:33onom:azrmdaaoc?a?@3588mE.mQ EoE88:Smxoawman.85?»8EaEam.ZwammnmE;§EEmBE~58?anEEo<m:osmumE3am:Ea EoéaamamaaEmrzmiamEaEamango.>95%mxwo,_.amEWmEEawaooammam35agiaamum 23063.:aoamacimam<3:caE<:am8_.oEEamxmo#2:.HEWEmmEsmaowwoncbxwmmEa8:mEam.h a_aEaBommamxuoEaWmmaacasmEaca.dimEwmmE.aw&\Eaabmesa.Omsmmma:ma?amm?am8Ea>52 mcwwo:Ewm€35mxwo..HEmWmEasax”cam»EEM8EommamOmsmmmumO<<D€35mxwo.>mmEos&ma?mm acoiEa>:.m<<oHEmxuomcanEaoEmEamaEn$8E.o_.\a<aEm\axEEEo:m\mmaamaaEommamm8 Pamaa8EaZwwmwawWammon?aocsaz.E5waaamismmosaaaodzdaim3Em»_a<a_Em"WmBow"mvvmowam?aE Ea8Ema€mE.Q~a<aHamEwmmmm:aaosoudamum8:33aHaBa_:. UaNa.mS:.a:Q.%§§s§¥N.>EaoE~BaE3.§mm?iaa833 ~\§Skmaanxa.3:~.am:a.3.:%S«$.33EaQ?Qo§2.~§§.=m.y83-8.8 Page 341 of 380 Administration Office of the Regional Clerk 1815 Sir Isaac Brock Way, PO Box 1042, Thorold, ON L2V 4T7 Telephone: 905-980-6000 Toll-free: 1-800-263-7215 Fax: 905-687-4977 www.niagararegion.ca June 21, 2019 CL 12-2019, June 20, 2019 PHSSC 6-2019, June 11, 2019 PHD 09-2019, June 11, 2019 AREA MUNICIPAL CLERKS SENT ELECTRONICALLY Re: Notice of Passing of By-law to Amend By-law 112-2013 being a By-law to Protect Children and Vulnerable Persons from Exposure to Outdoor Second-Hand Smoke - Triple Majority Requirement PHD 09-2019, June 11, 2019 Regional Council, at its meeting of June 20, 2019, approved the following recommendation of its Public Health and Social Services Committee: 1. That Regional Council APPROVE the proposed amendments to By-law No. 112- 2013 being a Regional By-law to Protect Children and Vulnerable Persons from Exposure to Outdoor Second-hand Smoke, outlined in the Consultation Recommendations section of Report PHD 09-2019; 2. That Regional Council ADOPT a bill to amend By-law No. 112-2013 being a Regional By-law to Protect Children and Vulnerable Persons from Exposure to Outdoor Second-hand Smoke, to include the amendments found in the Consultation Recommendations section of Report PHD 09-2019, that will, if adopted, come into force and effect on August 1, 2019 provided that: 1. A majority of the councils of the local area municipalities pass resolutions consenting to the By-law; and 2. The total number of electors in the local municipalities that have passed resolutions in support of the Bill form a majority of all electors in the Region of Niagara as established in the revised list of electors for the municipal election held in the year 2018; and 3. That, subject to the adoption of the aforementioned Bill, a copy of the Bill and Report PHD 09-2019 BE CIRCULATED to the Clerks of the 12 local area municipalities with a request that their councils adopt the following resolution and advise the Regional Clerk of the results of that consideration, no later than July 31, 2019: Page 342 of 380 Area Municipal Clerks Outdoor Second-Hand Smoke Triple Majority Requirement June 21, 2019 Page 2 “That the Council of (name of municipality) consents to the passage of By-law No. 2019-52 of The Regional Municipality of Niagara, being a by-law to amend By-law 112-2013 - A Regional By-law to Protect Children and Vulnerable Persons from Exposure to Outdoor Second-hand Smoke.” Pursuant to Section 115(5) of the Municipal Act, 2001, a by-law passed under subsection 115(1) shall not come into force unless: a) A majority of all votes on the Council of the upper-tier municipality are cast in its favour; b) A majority of the Councils of all the lower-tier municipalities forming part of the upper-tier municipality for municipal purposes have passed resolutions giving their consent to the by-law; and c) The total number of electors in the lower-tier municipalities that have passed resolutions under clause (b) form a majority of all the electors in the upper-tier municipality. Section 219(5) of the Municipal Act, 2001 defines “elector” as a person whose name appears on the voters’ list, as amended up until the close of voting on voting day, for the last regular election preceding the coming into force of the by-law. The number of electors as defined above for each area municipality is set out below. In the event your number is incorrect, please advise me as soon as possible. Local Area Municipality Population Eligible Electors Fort Erie 30,710 23,460 Grimsby 27,314 20,398 Lincoln 23,787 16,974 Niagara Falls 88,071 60,892 Niagara-on-the-Lake 17,511 14,237 Pelham 17,110 13,910 Port Colborne 18,306 15,208 St. Catharines 133,113 92,133 Thorold 18,801 14,471 Wainfleet 6,372 5,786 Page 343 of 380 Area Municipal Clerks Outdoor Second-Hand Smoke Triple Majority Requirement June 21, 2019 Page 3 Welland 52,293 37,879 West Lincoln 14,500 11,336 Total for Region 447,888 326,684 *as of the 2018 Municipal Election We respectfully request that you place this matter before your Council at your earliest opportunity to consider a resolution consenting to the by-law and advise accordingly of the action taken by your Council no later than July 31, 2019. A copy of Report PHD 09-2019 and By-law No. 2019-52 are enclosed for your information. Thanking you in advance for your assistance and should you require anything further, please do not hesitate to contact me. Yours truly, Ann-Marie Norio Regional Clerk CLK-C 2019-160 Page 344 of 380 PHD 09-2019 June 11, 2019 Page 1 Subject: Amendments to By-law 112-2013 – A Regional By-law to Protect Children and Vulnerable Persons from Exposure to Outdoor Second-hand Smoke Report to: Public Health and Social Services Committee Report date: Tuesday, June 11, 2019 Recommendations 1. That Regional Council APPROVE the proposed amendments to By-law No. 112- 2013 being a Regional By-law to Protect Children and Vulnerable Persons from Exposure to Outdoor Second-hand Smoke, outlined in the Consultation Recommendations section of Report PHD 09-2019; 2. That Regional Council ADOPT a bill to amend By-law No. 112-2013 being a Regional By-law to Protect Children and Vulnerable Persons from Exposure to Outdoor Second-hand Smoke, to include the amendments found in the Consultation Recommendations section of Report PHD 09-2019, that will, if adopted, come into force and effect on August 1, 2019 provided that: a. A majority of the councils of the local area municipalities pass resolutions consenting to the By-law; and b. The total number of electors in the local municipalities that have passed resolutions in support of the Bill form a majority of all electors in the Region of Niagara as established in the revised list of electors for the municipal election held in the year 2018; and 3. That, subject to the adoption of the aforementioned Bill, a copy of the Bill and Report PHD 09-2019 BE CIRCULATED to the Clerks of the 12 local area municipalities with a request that their councils adopt the following resolution and advise the Regional Clerk of the results of that consideration, no later than July 31, 2019: “That the Council of (name of municipality) consents to the passage of By-law No. <> of The Regional Municipality of Niagara, being a by-law to amend By-law 112- 2013 - A Regional By-law to Protect Children and Vulnerable Persons from Exposure to Outdoor Second-hand Smoke. Key Facts • Smoke-Free Ontario Act, 2017 (SFOA) and Cannabis Statute Law Amendment Act, 2018 incorporated cannabis and vaping products into SFOA’s scope, and prohibited cannabis and e-cigarette places of use to be the same as tobacco products. Page 345 of 380 PHD 09-2019 June 11, 2019 Page 2 ______________________________________________________________________ • The Outdoor Second-hand Smoking By-law Amendment Report (PHD 02-2019) sought to harmonize the existing Regional by-law with the amended SFOA, by including cannabis and vaping products. This amending by-law was approved as By- law 2019-07 and allowed for time to consult with the public, work with the municipalities to improve the by-law, and conduct a review of research to understand the health effects of second-hand exposure to cannabis and e-cigarette vapour. The amending by-law included a sunset clause in that it is only intended to be in force until a permanent by-law is enacted. • Through the leadership of the area CAOs, fulsome consultation has occurred with municipal representatives and a survey was conducted to gauge public opinion. • Public health is concerned that continued cannabis and e-cigarette use without policy to limit places of use could lead to normalization of use, second-hand exposure to smoke and vapour, and also trigger relapse through exposure of those individuals trying to quit. • The review of research supports restricting cannabis use as a precautionary approach with cannabis smoke containing multiple known carcinogens already found in tobacco smoke. W hile e-cigarette vapour has shown minimal harm, youth are taking up e-cigarettes at an alarming rate and youth e-cigarette users have demonstrated a higher chance of switching to tobacco use. • The local area municipalities (LAMs) were presented with the results from the public consultation survey and the review of research to guide decision making. The research, public and LAMs are supportive of including cannabis and vaping into the Regional by-law, while expanding the prohibited places of use to include o Nine metres from entrances or exits of public buildings o Municipal/regional recreational trails o Municipal/regional beaches Financial Considerations There are no financial implications from the amendments to the Regional by-law. Keeping the Regional by-law aligned with the SFOA will streamline enforcement and continue to keep costs minimal. Analysis Smoke-Free Legislative Updates Upon legalization of recreational cannabis on October 17, 2018, new SFOA provisions were simultaneously proclaimed to prohibit cannabis and vaping use where tobacco is prohibited. With this update, Niagara Region By-law No. 112-2013 became misaligned by only applying to tobacco products. Subsequently, a by-law to amend By-law 112- 2013 to include cannabis and vaping products with a one-year sunset clause, received triple majority support which allowed for harmonization while staff worked on reviewing Page 346 of 380 PHD 09-2019 June 11, 2019 Page 3 ______________________________________________________________________ the latest research evidence on the topic, as well as a fulsome consultation with the public and LAMs. Review of Latest Research Evidence: Tobacco Smoking tobacco remains the leading cause of preventable disease and preventable death in Ontario and Canada. Legislative smoking restrictions have been shown to have multiple beneficial effects, including • Decrease exposure of non-smokers to second-hand tobacco smoke, and thereby decrease harmful effects of second-hand smoke 1 • Support for smokers in either increasing success in quit attempts or by decreasing the amount they smoke2 • Decrease the prevalence of smoking through deterring people from initiating use3 • Associated with increase in self-imposed restriction of smoking in the home, further decreasing the exposure of children to second-hand smoke4 Evidence supports legislation aimed at limiting exposure to second-hand smoke and protecting people’s rights to smoke-free air.5 Such legislative examples could include the SFOA or local smoke-free by-laws. The Regional By-law has demonstrated Niagara’s commitment to denormalization, i.e. decreasing the social acceptance of smoking, and making smoking an abnormal occurrence. Broader by-laws help with denormalization and supporting citizens who are trying to quit by reducing the volume of visual cues in areas of daily life.6 1 Frazer K, Callinan JE, McHugh J, et al. Legislative smoking bans for reducing harms from secondhand smoke exposure, smoking prevalence and tobacco consumption. Cochrane Database Syst Rev. 2016; 2:CD005992. doi:10.1002/14651858.CD005992.pub3 2 Monson E, Arsenault N. Effects of enactment of legislative (public) smoking bans on voluntary home smoking restrictions: A review. Nicotine Tob Res. 2017; 19(2): 141-148. doi:10.1093/ntr/ntw171 3 Monson E, Arsenault N. Effects of enactment of legislative (public) smoking bans on voluntary home smoking restrictions: A review. Nicotine Tob Res. 2017; 19(2): 141-148. doi:10.1093/ntr/ntw171 4 Monson E, Arsenault N. Effects of enactment of legislative (public) smoking bans on voluntary home smoking restrictions: A review. Nicotine Tob Res. 2017; 19(2): 141-148. doi:10.1093/ntr/ntw171 5 Holitzki H, Dowsett LE, Spakman E, Noseworthy T, Clement F. Health effects of exposure to second- and third-hand marijuana smoke: A systematic review. CMAJ Open. 2017; 5(4): E814-E822. doi:10.9778/cmajo.20170112 6 Robertson L, McGee R, Marsh L, Hoek J. A systematic review on the impact of point-of-sale tobacco promotion on smoking. Nicotine Tob Res. 2015;17(1):2-17. doi:10.1093/ntr/ntu168 Page 347 of 380 PHD 09-2019 June 11, 2019 Page 4 ______________________________________________________________________ Cannabis Cannabis research in terms of second-hand exposure is very limited. However, two systematic reviews on the health impacts of significant second-hand exposure to cannabis7,8 found • Metabolites of cannabis found in bodily fluids following second-hand exposure • Psychoactive effects occur with sufficient exposure, • Eye irritation occurs with sufficient exposure. These limited studies assessed only short-term impacts and primarily utilized unventilated rooms; ventilation significantly reduced or completely eliminated the impacts. However, cannabis smoke has been found to contain known carcinogens, similar to tobacco smoke.9,10 Second-hand cannabis therefore carries risk for similar health consequences, such as increased rates of heart disease and lung disease, including lung cancer. Including cannabis in Niagara’s smoke-free by-law represents a reasonable precautionary approach considering the potential harm from second-hand exposure, but especially in terms of denormalization for Niagara’s children and youth. E-cigarettes Several systematic reviews have been conducted on the health impacts of second-hand e-cigarette vapour:11,12,13,14 7 Holitzki H, Dowsett LE, Spakman E, Noseworthy T, Clement F. Health effects of exposure to second- and third-hand marijuana smoke: A systematic review. CMAJ Open. 2017; 5(4): E814-E822. doi:10.9778/cmajo.20170112 8 Berthet A, De Cesare M, Favrat B, et al. A systematic review of passive exposure to cannabis. Forensic Sci Int. 2016; 269: 97-112. doi: 10.1016/j.forsciint.2016.11.017 9 Maertens RM, White PA, Rickert W, et al. The genotoxicity of mainstream and sidestream marijuana and tobacco smoke condensates. Chem Res Toxicol. 2009; 22(8): 1406-1414. doi:10.1021/tx9000286 10 Moir D, Rickert WS, Levasseur G, et al. A comparison of mainstream and sidestream marijuana and tobacco cigarette smoke produced under two machine smoking conditions. Chem Res Toxicol. 2008; 21(2): 494-502. doi:10.1021/tx700275p 11 Glasser AM, Collins L, Pearson JL, et. Al. Overview of electronic nicotine delivery systems: A systematic review. Am J Prev Med. 2017; 52(2):e33-e66. doi:10.1016/j.amepre.2016.10.036 12 Hess IMR, Lachireddy K, Capon A. A systematic review of the health risks from passive exposure to electronic cigarette vapour. Public Health Res Pract. 2016; 26(2): e2621617. doi:10.17061/phrp2621617 13 Farsalinos KE, Polosa R. Safety evaluation and risk assessment of electronic cigarettes as tobacco cigarette substitutes: A systematic review. Ther Adv Drug Safety. 2014; 5(2): 67-86. doi:10.1177/2042098614524430 14 Grana R, Benowitz N, Glantz SA. E-cigarettes: A scientific review. Circulation. 2014; 129: 1972-1986. doi:10.1161/circulationaha.114.007667 Page 348 of 380 PHD 09-2019 June 11, 2019 Page 5 ______________________________________________________________________ • Second-hand exposure to vapour increases cotinine (a metabolite of nicotine) in blood15,16 • E-cigarette vapour increases particulate matter, heavy metals, and nicotine in the air, however levels are significantly less than conventional cigarette smoke17,18,19 • Second-hand exposure to vapour has a minimal to negligible potential to harm 20,21,22 One study found that e-cigarette use in adolescents and young adults increased the probability of beginning to smoke conventional cigarettes.23 If a youth did not smoke and had never used an e-cigarette, there was found to be a 7.9% chance that they would begin to smoke in the future. However, if a youth began using an e-cigarette, there was a 30.4% chance of them beginning to smoke conventional cigarettes in the future.24 Thus, a strong reason to include e-cigarettes in the by-law is to deter youth from initiating tobacco use. Niagara Region Public Health and Emergency Services (NRPH & ES) is assessing our capacity to conduct a local evaluation on the impact of smoke-free policies, to understand how well the intended goals are being achieved and to inform possible improvements. 15 Glasser AM, Collins L, Pearson JL, et. Al. Overview of electronic nicotine delivery systems: A systematic review. Am J Prev Med. 2017; 52(2):e33-e66. doi:10.1016/j.amepre.2016.10.036 16 Grana R, Benowitz N, Glantz SA. E-cigarettes: A scientific review. Circulation. 2014; 129: 1972-1986. doi:10.1161/circulationaha.114.007667 17 Hess IMR, Lachireddy K, Capon A. A systematic review of the health risks from passive exposure to electronic cigarette vapour. Public Health Res Pract. 2016; 26(2): e2621617. doi:10.17061/phrp2621617 18 Farsalinos KE, Polosa R. Safety evaluation and risk assessment of electronic cigarettes as tobacco cigarette substitutes: A systematic review. Ther Adv Drug Safety. 2014; 5(2): 67-86. doi:10.1177/2042098614524430 19 Grana R, Benowitz N, Glantz SA. E-cigarettes: A scientific review. Circulation. 2014; 129: 1972-1986. doi:10.1161/circulationaha.114.007667 20 Glasser AM, Collins L, Pearson JL, et. Al. Overview of electronic nicotine delivery systems: A systematic review. Am J Prev Med. 2017; 52(2):e33-e66. doi:10.1016/j.amepre.2016.10.036 21 Hess IMR, Lachireddy K, Capon A. A systematic review of the health risks from passive exposure to electronic cigarette vapour. Public Health Res Pract. 2016; 26(2): e2621617. doi:10.17061/phrp2621617 22 Farsalinos KE, Polosa R. Safety evaluation and risk assessment of electronic cigarettes as tobacco cigarette substitutes: A systematic review. Ther Adv Drug Safety. 2014; 5(2): 67-86. doi:10.1177/2042098614524430 23 Soneji S, Barrington-Trimis JL, Wills TA, et al. Association between initial use of e-cigarettes and subsequenct cigarette smoking among adolescents and young adults: A systematic review and meta- analysis. JAMA Pediatr. 2017; 171(8): 788-797. doi:10.1001/jamapediatrics.2017.1488 24 Soneji S, Barrington-Trimis JL, Wills TA, et al. Association between initial use of e-cigarettes and subsequenct cigarette smoking among adolescents and young adults: A systematic review and meta- analysis. JAMA Pediatr. 2017; 171(8): 788-797. doi:10.1001/jamapediatrics.2017.1488 Page 349 of 380 PHD 09-2019 June 11, 2019 Page 6 ______________________________________________________________________ Public Consultation In order to conduct a fulsome consultation with the public, NRPH & ES developed a survey with the following objectives: a. To understand Niagara residents’ opinions and attitudes toward smoking restrictions b. To determine the level of support or opposition to the amendments to Regional By-law No. 112-2013 in By-law No. 2019-07 c. To determine the level of support or opposition toward possible by-law amendments An online and paper survey was available between March 7 and April 5, 2019. The survey was promoted primarily through social media accounts (i.e. Facebook, Twitter, Instagram), and municipal/regional websites. Respondents to the survey resided both inside and outside of Niagara Region. There were a total of 5,578 surveys completed. See below for the breakdown of survey responses for residents within Niagara Region by municipality; this shows that a representative distribution of respondents was achieved. Table 1-Number and Proportion of Respondents by Municipality Municipality Population Estimate (2016)a Proportion of Total Niagara Population Number of Respondents Proportion of Total Survey Respondents Niagara 447,888 100% 5,508 98.7% St. Catharines 133,113 30% 1,677 30.1% Niagara Falls 88,071 20% 1,035 18.6% Welland 52,293 12% 691 12.4% Fort Erie 30,710 7% 414 7.4% Port Colborne 18,306 4% 300 5.4% Lincoln 23,787 5% 298 5.3% Niagara-on-the- Lake 17,511 4% 256 4.6% Grimsby 27,314 6% 254 4.6% Thorold 18,801 4% 220 3.9% Pelham 17,110 4% 183 3.3% Page 350 of 380 PHD 09-2019 June 11, 2019 Page 7 ______________________________________________________________________ West Lincoln 14,500 3% 109 2.0% Wainfleet 6,372 1% 71 1.3% a Data source: Statistics Canada, 2016 Census of the Population. All data references are for the Census Division of Niagara. Of the respondents, 35% used at least one tobacco or alternative product (i.e., cigarettes, cigars, little cigars and cigarillos, shisha/hookah, cannabis [medical & recreational], vapes [including JUUL] or Heat-Not-Burn tobacco products) at least once in the past 30 days. Overall, 75.7% of respondents are supportive of the amendments to Regional By-law No. 112-2013, which includes tobacco, cannabis and vaping products. Furthermore, 84.7% of respondents are supportive of including additional prohibited locations, the list of which was selected from a scan of smoke-free by-laws in other jurisdictions. Table 2-Number and Proportion of Respondents Who Support Additional Locations in By-Law Location n % Nine metre radius surrounding any entrance or exit of a public building 4,416 79.2% Municipal recreational trails (including trail entrances/exits) 3,144 56.4% Municipal beaches 3,377 60.5% Outdoor community meeting areas 3,515 63.0% Other 771 13.8% NRPH & ES receives daily complaints to the Tobacco Hotline from Niagara region residents. Over the course of 2014 to 2018, NRPH & ES received 559 documented complaints related to smoking. Smoking in front of entrances or exits to public buildings is the highest complaint for outdoor spaces, and this finding is further supported through the recent public survey with 79.2% of respondents supportive of prohibiting smoking Page 351 of 380 PHD 09-2019 June 11, 2019 Page 8 ______________________________________________________________________ and vaping within a nine-metre radius surrounding any entrance or exit of a public building. Municipal Consultation In January 2019, NRPH & ES had a meeting with the Chief Administrative Officers (CAOs) from the local area municipalities (LAMs) to discuss the smoke-free outdoor spaces by-law and the changes to the SFOA. The CAOs recommended that a representative group from each LAM work together to form a consensus on amendments to the Regional by-law in a collaborative approach. Subsequent meetings were held between February and April with the 12 LAM representatives. Representatives included a cross section of disciplines including by-law enforcement, planning and development, parks and recreation, legal services, building, health and safety, and a CAO. The group was provided with background information on the by-law, changes to the SFOA, current research and evidence on cannabis and vaping, and results of an environmental scan of recent smoke-free bylaw amendments. As a group, decisions and guidance were provided for the public consultation survey including planning, implementation, and communication. Survey results from public consultation were shared with the LAM representatives, from the perspective of the entire sample size, as well as municipal-specific information. Each proposed amendment was based on the literature review, environmental scan, and/or public consultation results. The LAM group was presented with an individual item for consideration, given the opportunity to discuss whether the amendments should be added, and then each LAM was provided an opportunity to either support or oppose the amendment. Consultation Recommendations The LAM representatives with consensus recommend the following amendments to Niagara Region By-law No. 112-2013 1. Inclusion of tobacco, cannabis and vaping 2. Expanding the prohibit places of use to include a. Nine metres from entrances or exits of public buildings b. Municipal/regional recreational trails c. Municipal/regional beaches Exclusions to the by-law include highways, road allowances abutting a regional or municipal property, municipal sidewalks, designated parking areas, and rights-of-way. Page 352 of 380 PHD 09-2019 June 11, 2019 Page 9 ______________________________________________________________________ The Municipal Act provides municipalities the authority to pass by-laws with respect to the health, safety, and well-being of persons and specifically with respect to smoking and vaping of tobacco, cannabis and vapour products (section 115). Furthermore, the Municipal Act provides authority to prohibit use within public places and workplaces. To be enacted, the by-law must pass a “triple majority’, meaning 1. A majority of votes in favour of the by-law are cast at Regional Council 2. A majority of the local area municipalities must pass their own resolutions consenting to the by-law 3. The number of electors in those municipalities that pass consenting resolutions must represent a majority of all electors in the Region. If the by-law fails on either (1) or (2) above, it will be deemed to have been repealed at the Regional level. Enforcement Enforcement of smoking and vaping restrictions is often raised as a fiscal concern, however research following the implementation of local tobacco by-laws demonstrates that new laws are manageable with the current staff and within operational budgets.25 The amended by-law will utilize the existing five FTE Tobacco Control Officers (TCOs) that currently enforce the Smoke-Free Ontario Strategy and current Regional By-law. Responsibilities of the TCOs entail promotion, education, and enforcement. Since legalization on October 17, 2018 to May 1, 2019, NRPH & ES has received 17 complaints related to cannabis and 92 complaints related to vaping. In Niagara, enforcement of any new legislation consists of an education phase, and then moves on to warnings and/or charges, as appropriate. Enforcement of this by-law will be performed on a complaint basis where the TCOs work in conjunction with existing municipal by-law officers. Municipal by-law officers will have the authority to issue charges if there is support and capacity from their LAM. A complaint referral process will be in place based on what already exists through the Tobacco Hotline and the NRPH & ES website. Previous experience enforcing by-laws demonstrates that comprehensive education efforts are fundamental to ensuring successful implementation. It is important to ensure that people know about the changes and NRPH & ES will ease into this change process with a similar approach to any of the legislative amendments. 25 Kennedy RD, Zummach D, Filsinger S, Leatherdale ST. Reported municipal costs from outdoor smoke- free by-laws-experience from Ontario, Canada. Tobacco Induced Diseases. 2014; 12(4): 1-6. https://www.ncbi.nlm.nih.gov/pmc/articles/PMC3944976/ Page 353 of 380 PHD 09-2019 June 11, 2019 Page 10 ______________________________________________________________________ Public Education NRPH & ES has developed a public education strategy that will ultimately increase awareness of the by-law and educate residents of the benefits of a smoke-free and vape-free environment. Strategies will include utilizing existing staff and support from a summer student to provide education and awareness through dissemination of information and resources to various stakeholders and using existing website and social media channels to engage Niagara residents. LAMs have agreed to support the communication efforts with updates to municipal website’s and/or social media pages, and this collaboration will improve the campaign’s reach. Signage Purchasing and distribution of signage will be managed through the existing operational budget. The Region will supply signs to the local area municipalities and/or property owners/operators with either metal signs or decals. Owners and operators of public buildings will have access to ordering signage online via the NRPH & ES website, as per our usual process. It will be the responsibility of the municipality or property owner/operator to post or adhere the signs as appropriate. Alternatives Reviewed Through the consultation process, neither the public nor the LAMs supported excluding cannabis or vaping from the by-law. Consideration was given to fully expand the by-law to all public spaces, however due to the authority granted under the Municipal Act, application was limited to public places that did not include highways, roads, or sidewalks. Furthermore, the scope of the consultation limited expansion of the by-law beyond the current recommendations, as well as recommendations based on evidence in terms of excessive prohibition. Relationship to Council Strategic Priorities This work supports Doing Business Differently by proposing that Niagara continue to aim for simplicity and consistency while remaining among the leaders in Ontario in its smoke-free policies. Other Pertinent Reports • PHD 02-2019 – Outdoor Second-Hand Smoking By-law Amendment - REVISED • PHD 01-2019 – Cannabis Legalization • PHD 13-2018 – Comprehensive Tobacco Control Report Page 354 of 380 PHD 09-2019 June 11, 2019 Page 11 ______________________________________________________________________ • PHD 07-2018 – Cannabis Legalization • PHD 01-2018 – Smoke-Free Ontario Modernization • PHD 04-2017 - Ontario Student Drug Use and Health Survey Results • PHD 09-2016 Revised - Cannabis Regulation and Control ________________________________ Prepared by: Diana Teng Manager, Chronic Disease and Injury Prevention Public Health and Emergency Services ________________________________ Recommended by: M. Mustafa Hirji, MD MPH RCPC Medical Officer of Health/Commissioner (Acting) Public Health and Emergency Services ________________________________ Submitted by: Ron Tripp, P.Eng. Acting Chief Administrative Officer This report was prepared in consultation with Melanie Seguin, Health Promoter, Chronic Disease and Injury Prevention, Amanda Kirkwood, Program Evaluator, Organizational and Foundational Standards Division, Dr. Joanne Kearon, Medical Resident, David Lorenzo, Associate Director, Chronic Disease and Injury Prevention and reviewed by Dr. Andrea Feller, Associate Medical Office of Health. Page 355 of 380 Bill No. 2019-52 Authorization Reference: PHSSC 06-2019; Minute Item 5.1 THE REGIONAL MUNICIPALITY OF NIAGARA BY-LAW NO. 2019-52 A BY-LAW TO AMEND BY-LAW 112-2013 BEING A BY- LAW TO PROTECT CHILDREN AND VULNERABLE PERSONS FROM EXPOSURE TO OUTDOOR SECOND- HAND SMOKE AND VAPOUR WHEREAS subsection 115(1) of the Municipal Act, 2001, S.O. 2001, c.25, as amended (hereina fter the “Act”) provides that a municipality may prohibit or regulate the smoking of tobacco or cannabis in public places; WHEREAS subsection 11(2) of the Act provides The Regional Municipality of Niagara (hereinafter, "Niagara Region") broad authority to govern the health, safety and well- being of persons; WHEREAS the Smoke-Free Ontario Act, 2017, S.O. 2017, c. 26 (hereinafter the “Smoke- Free Ontario Act”) as amended prohibits smoking tobacco or cannabis, and vaping (the use of electronic cigarettes), but Regional By-Law No. 112-2013 prior to being amended in January 2019 only prohibited smoking tobacco; WHEREAS pursuant to subsection 115(10) of the Act if there is a conflict between a by- law passed by a municipality and the provisions of any other statute or regulation of Ontario, the provision that is most restrictive of smoking of tobacco or cannabis prevails; WHEREAS it has been determined that smoking, second-hand tobacco and cannabis smoke and vaping are health hazards and a discomfort for individuals residing in or visiting Niagara Region; WHEREAS smoke-free policy interventions are effective mechanisms to reduce exposure to second-hand tobacco, prevent initiation of smoking, encourage cessation of smoking, support recent quitters, and contribute to the denormalization of smoking; WHEREAS Niagara Region therefore wishes to prohibit tobacco and cannabis smoking and vaping (use of electronic cigarettes) in additional outdoor public places for the health of the public generally, and particularly for the benefit of young persons, and vulnerable populations, to improve the environmental and social conditions in public places; and, Page 1 of 4 Page 356 of 380 Bill No. 2019-52 Authorization Reference: PHSSC 06-2019; Minute Item 5.1 Page 2 of 4 WHEREAS Section 115(5) of the said Act provides that a by-law passed under subsection 115(1) shall not come into force unless, (a) a majority of all votes on the Council of the upper-tier municipality are cast in its favour; (b) a majority of the Councils of all the lower-tier municipalities forming part of the upper-tier municipality for municipal purposes have passed resolutions giving their consent to the by-law; and (c) the total number of electors in the lower-tier municipalities that have passed resolutions under clause (b) form a majority of all the electors in the upper - tier municipality; WHEREAS on January 17, 2019, Regional Council passed By-law 2019-07, to amend By-law 112-2013, to temporarily include provisions respecting cannabis and vaping subject to consultation with the local area municipalities. NOW THEREFORE the Council of The Regional Municipality of Niagara enacts as follows: 1. That the following definitions are added to subsection 1(1) of By-law 112-2013 in alphabetical order within the context of all definitions currently contained in said by- law: “cannabis” has the same meaning as in subsection 1 (1) of the Smoke-Free Ontario Act, 2017” “electronic cigarette” has the same meaning as in subsection 1 (1) of the Smoke- Free Ontario Act, 2017” “public place” means a. Any property owned, leased, or controlled by Niagara Region or any area municipality, including without limitation parks, playgrounds, sports or playing fields, recreational trails, beaches, arenas, recreational centers, community meeting areas, special events, farmers markets, bus shelters, splash pads, and pools; b. Any outdoor area within a nine-metre radius of an entrance to or exit from a building located on any property owned, leased or controlled by Niagara Region or any area municipality; and Page 357 of 380 Bill No. 2019-52 Authorization Reference: PHSSC 06-2019; Minute Item 5.1 Page 3 of 4 c. any outdoor area that is within a nine-metre radius of an entrance to or exit from a public building or building generally accessible to the public, whether or not the building is leased, or controlled by Niagara Region or any area municipality, including places of employment, condominium buildings, apartment buildings and other similar residential buildings; Provided “public place” does not include: (1) Highways; (2) Road allowances abutting a regional or municipal property; (3) Municipal sidewalks, save, and except for that portion of any municipal sidewalk that is within a nine-metre radius of an entrance to or exit from a building located on any property owned, leased, or controlled by the Niagara Region or any area municipality; (4) Rights-of-way; and (5) Residential dwellings owned, operated, or subsidized by Niagara Regional Housing or an area municipality. "use” with respect to electronic cigarettes includes any of the following: a. Inhaling vapour from an electronic cigarette; b. Exhaling vapour from an electronic cigarette; c. Holding an activated electronic cigarette; “vape” means to use an electronic cigarette; 2. That the definition of “outdoor public place” contained in subsection 1(1) of By-law 112-2013 be removed. 3. That the word “outdoor” in section 2(1) of By-law 112-2013 be deleted. 4. That the definition of “smoke or smoking” contained in subsection 1(1) of By- law 112- 2013 shall have the words “or cannabis” added following the word “tobacco” and prior to the word “or”. Page 358 of 380 Bill No. 2019-52 Authorization Reference: PHSSC 06-2019; Minute Item 5.1 Page 4 of 4 5. That section 2(1) of By-law 112-2013 shall be amended by adding after the word “tobacco” and prior to the word “upon” the following words: “or cannabis or vape” 6. That the invalidity or unenforceability of a provision of this by-law or part of a provision of this by-law shall not negate the effectiveness or validity of the remaining provisions or parts thereof of this by-law. 7. That this bylaw shall come into force and effect on August 1, 2019, provided that: a.A majority of the councils of the lower-tier municipalities forming part of the region of Niagara have passed resolutions consenting to the bylaw; and, b.The total number of electors in the lower-tier municipalities that have passed resolutions form a majority of all electors in The Regional Municipality of Niagara. 8. That By-law 2019-07 be repealed effective August 1, 2019. THE REGIONAL MUNICIPALITY OF NIAGARA James Bradley, Regional Chair Ann-Marie Norio, Regional Clerk Passed: June 20, 2019 Page 359 of 380 The City of Niagara Falls, Ontario Resolution June 25, 2019 Moved by: Seconded by: WHEREAS on April 30, 2019, Council passed a motion to enact an interim control by-law respecting the use of properties that are zone d for the cultivation, production or processing of cannabis; and WHEREAS Section 38 of the Planning Act. RSO 1990, c.P. 13 as amended authorizes the Council a municipality to pass an interim control by-law where the Council has directed that a review or study be undertaken in respect of land use planning policies in the municipality, or in any defined area or areas thereof; THEREFORE BE IT RESOLVED that Staff carry out a review in respect of the land use planning policies and zoning regulations respecting the use of properties that are zoned for the cultivation, production or processing of cannabis and report to Council with the results and any recommendations resulting from the review. AND The Seal of the Corporation be hereto affixed. WILLIAM G. MATSON JAMES M. DIODATI CITY CLERK MAYOR Page 360 of 380 \\ 2mmm~:.&u==mn>2>c> .E:mmm.Nam om_._<mmmu z_mmm:mvm:_:m:_mm:m6<Em. E5E3OmxU:<m Z_m©mB_um__m.OZKmawe Umm_.mi” Wm“_u_.o3_mmo_.<22¢mamammuamaamamm.88?rm..zo.nmJ25%3.23%..» _um__m_._<Q_.o_:n._m_u_.mn_mommmo_.2z_mmm_.m_um:.:m:_m.m:m_d<:3.E5 ..UmEo«JE..m<oE.o...EmO50.“z_mcm_.m_um__m?rm..O:<..VEEmc_..:o:um_ m3o::.no_"m-.8o_o8 _u:_.mcm2.8Em22¢.EmUmc?o?_mSam?ma8Em9.2EEmU1:o_cm_m3oc29. mmwoopooo.:5_m1:o_um_mc3:32Em22¢<<_EE?m?mm?Em?mos3Em8.5 mumoimaEm?mm:_macmm_Em1cum:am3m:a3Em9.22o:>9:4.memo. ._.:m9.2.no3.m__<qm3m:qm_mm<3m39.m__m3oc3mo<<_:@:32Emzo?mo:9cm?owm >cncm.HA.No3Em..U_._mmama::_mmmmam:UcmUm?m_m@3383Em0.2E <<:::m9.9.8EmEm:oczmiUcmUm?m.EmUcmUm?m3m<:2cmm?msqmqUm<o:q >9:4.mono.:.vm<3m333:mm:2Emqm_u<Em$92.8Em9.2o:EmUcmcam. Em9.2<<=_Em:cmm:E_mo_8?mxmmco:m?mummm:mmmmE.8oo__mo.Hm__m3oc2mo<<_:o csqmaEmzo?m. <oSm.::_<. O_._.<O_uz_>m>m>_u>_.rm _um: zm3m”,_m3mm_<_.98%. 39_<_m<oa _umn Zm3m”<<____m3Q._<_m.Hmo: ._.:_m”9.2O_mE mmmmmmmmm Page 361 of 380 CITY OF NIAGARA FALLS By-law No. 2019- A by-law to fees and charges for various services, licences and publications for the City of Niagara Falls. WHEREAS it has been the municipality’s practice to consolidate fees and charges in a booklet for the ease of the public; and WHEREAS all the charges contained within the by-law and booklet were previously approved by Council; and WHEREAS a copy of this by-law, in the form of a booklet, will be available at City Hall for public consumption. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. That the fees and charges for various services licences and publications for the City of Niagara Falls are hereby imposed as set out in Schedule A, attached to this by-law. 2. That By-law 2018-61 is hereby repealed. Passed this twenty-fifth day of June, 2019. WILLIAM G. MATSON, CITY CLERK JAMES M. DIODATI, MAYOR First Reading: June 25, 2019 Second Reading: June 25, 2019 Third Reading: June 25, 2019 Page 362 of 380 CITY OF NIAGARA FALLS By-law No. 2019- A by-law to amend By-law No. 79-200, to permit the use of the Lands for detached dwellings (AM-2018-019). THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. The Lands that are the subject of and affected by the provisions of this by-law are described in Schedule 1 of this by-law and shall be referred to in this by-law as the “Lands”. Schedule 1 is a part of this by-law. 2. The purpose of this by-law is to amend the provisions of By-law No. 79-200, to permit the use of the Lands in a manner that would otherwise be prohibited by that by-law. In the case of any conflict between a specific provision of this by-law and any existing provision of By-law No. 79-200, the provisions of this by-law are to prevail. 3. Notwithstanding any provision of By-law No. 79-200 to the contrary, the following uses and regulations shall be the permitted uses and regulations governing the permitted uses on and of the Lands. 4. The permitted uses shall be the uses permitted in a R1D zone. 5. The regulations governing the permitted uses shall be the regulations specified for a R1D use. 6. All other applicable regulations set out in By-law No. 79-200 shall continue to apply to govern the permitted uses on the Lands, with all necessary changes in detail. 7. No person shall use the Lands for a use that is not a permitted use. 8. No person shall use the Lands in a manner that is contrary to the regulations. 9. The provisions of this by-law shall be shown on Sheet C2 of Schedule “A” of By- law No. 79-200 by redesignating the Lands from DH to R1D. Read a First, Second and Third time; passed, signed and sealed in open Council this 25th day of June, 2019. .......................................................................... ..................................................... WILLIAM G. MATSON, CITY CLERK JAMES M.DIODATI, MAYOR S:\ZONING\AMS\2018\By-laws\Byam019.docx Page 363 of 380 178.27m220.38m15.47m 20.50m 60m 36.82 COLANGELO DRLUCIADRJANUARYDRMOUNTAINRD TERRAVITADRTEMP STMARINELLI DRSCHEDULE 1 TO BY-LAW NO. 2019- Subject Lands: Amending Zoning By-law No. 79-200 Applicant: Assessment #: K:\GIS_Requests\2018\Schedule\Zoning\19\Zoning_bylaw_AM2018-019.mxd EMILIE WETHERELL & BRIAN WETHERELL 272504000106800 AM-2018-019 ¹ 6/13/2019 Description:PT TWP LT 25 STAMFORD; PT TWP LT 16 STAMFORD;PT RDAL BTN TWP LT & 25 STAMFORD (AS CLOSED BY BYLAW AA7308) AS INRO336838 EXCEPT PT 1 & 2 59R10234;DESCRIPTION MAY NOT BE ACCEPTABLE IN THE FUTURE AS IN RO 336838;S/T INTEREST OF MUNICIPALITY; NIAGARA FALLS R1D NTS Page 364 of 380 CITY OF NIAGARA FALLS By-law No. 2019- A by-law to amend By-law No. 79-200, as amended by By-law No. 2003-46, to recognize the existing industrial use on the Lands (AM-2018-025). THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. The Lands that are the subject of and affected by the provisions of this by-law are described in Schedule 1 of this by-law and shall be referred to in this by-law as the “Lands”. Schedule 1 is a part of this by-law. 2. The purpose of this by-law is to amend the provisions of By-law Nos. 79-200 and 2003- 46, to permit the use of the Lands in a manner that would otherwise be prohibited by those by-laws. In the case of any conflict between a specific provision of this by-law and any existing provision of By-law Nos. 79-200 and 2003-46, the provisions of this by-law are to prevail. 3. Notwithstanding any provision of By-law Nos. 79-200 and 2003-46 to the contrary, the following uses and regulations shall be the permitted uses and regulations governing the permitted uses on and of the Lands. 4. The permitted uses shall be the uses permitted in a HI-55 zone. 5. The regulations governing the permitted uses shall be the regulations specified for a HI use. 6. All other applicable regulations set out in By-law No. 79-200 shall continue to apply to govern the permitted uses on the Lands, with all necessary changes in detail. 7. No person shall use the Lands for a use that is not a permitted use. 8. No person shall use the Lands in a manner that is contrary to the regulations. 9. The provisions of this by-law shall be shown on Sheet D6 of Schedule “A” of By-law No. 79-200, by redesignating the Lands from OS and numbered 611 to HI and numbered 55. 10. Section 19 of By-law No. 79-200 is amended by adding thereto: 19.1.55 Refer to By-law No. 2019-___. 11. None of the provisions of By-law No. 2003-46 shall continue to apply to the Lands. Read a First, Second and Third time; passed, signed and sealed in open Council this 25 th day of June, 2019. .......................................................................... ..................................................... WILLIAM G. MATSON, CITY CLERK JAMES M.DIODATI, MAYOR Page 365 of 380 38.7m45.1m60.5m 70.6m7.9m STANLEY AVTHUNDERINGWATERSBVR A M S E Y R D SCHEDULE 1 TO BY-LAW NO. 2019- Subject Lands: Amending Zoning By-law No. 79-200 Applicant: Assessment #: K:\GIS_Requests\2018\Schedule\Zoning\25\Zoning_bylaw_AM2018_025.mxd Stanley-Zelco Limited 272514000299900 AM-2018-025 ¹ 6/14/2019 Description:PART BLOCK B PLAN 2483, NOW KNOWN AS PLAN 8, PART 10 PLAN 59R16296;CITY OF NIAGARA FALLS HI NTS 55 Page 366 of 380 CITY OF NIAGARA FALLS By-law No. 2019- A by-law to amend By-law No. 79-200, to recognize the existing duplex on a portion of the Lands and permit a detached dwelling on the balance of the Lands (AM-2019-002). THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. The Lands that are the subject of and affected by the provisions of this by-law are described in Schedule 1 of this by-law and shall be referred to in this by-law as the “Lands”. Schedule 1 is a part of this by-law. 2. The Lands shall be identified as two parcels, known as Parcels R2-1100 and R1E-1101. 3. The purpose of this by-law is to amend the provisions of By-law No. 79-200, to permit the use of the Lands in a manner that would otherwise be prohibited by that by-law. In the case of any conflict between a specific provision of this by-law and any existing provision of By-law No. 79-200, the provisions of this by-law are to prevail. 4. Notwithstanding any provision of By-law No. 79-200 to the contrary, the following uses and regulations shall be the permitted uses and regulations governing the permitted uses on and of the Lands. 5. The permitted uses shall be: (a) For Parcel R2-1100, uses permitted in a R2 zone. (b) For Parcel R1E-1101, uses permitted in a R1E zone. 6. The regulations governing the permitted uses on Parcel R2-1100 shall be: (a) Minimum lot area for a duplex dwelling 578 square metres (b) Minimum lot frontage for a duplex dwelling on an interior lot 16.5 metres (c) Minimum front yard depth 3 metres plus any applicable distance specified in section 4.27.1 of By-law No. 79-200 (d) Maximum area of a rear yard which can be used as a parking area 70 square metres (e) The balance of regulations specified for a R2 use 7. The regulations governing the permitted uses on parcel R1E-1101 shall be: (a) Maximum width of driveway or parking area in the front yard of a lot 6.7 metres (b) The balance of regulations specified for an R1E use 8. All other applicable regulations set out in By-law No. 79-200 shall continue to apply to govern the permitted uses on the Lands, with all necessary changes in detail. 9. No person shall use the Lands for a use that is not a permitted use. Page 367 of 380 2 10. No person shall use the Lands in a manner that is contrary to the regulations. 11. The provisions of this by-law shall be shown on Sheet C3 of Schedule “A” of By-law No. 79-200 by redesignating the Lands from R1C to R2 and numbered 1100, in part, and R1E, and numbered 1101, in part. 12. Section 19 of By-law No. 79-200 is amended by adding thereto: 19.1.1100 Refer to By-law No. 2019-___. 19.1.1101 Refer to By-law No. 2019-___. Read a First, Second and Third time; passed, signed and sealed in open Council this 25th day of June, 2019. ........................................................................... ................................................................ WILLIAM G. MATSON, CITY CLERK JAMES M. DIODATI, MAYOR S:\ZONING\AMS\2019\By-laws\Byam002.docx Page 368 of 380 12.05m12.05m16.38m16.6m3 8 .0 5 m 3 8 .1 0 3 5 .0 5 m P I NE DA L E D R DORCHESTER RDSCHEDULE 1 TO BY-LAW NO. 2019- Subject Lands: Amending Zoning By-law No. 79-200 Applicant: Assessment #: K:\GIS_Requests\2019\Schedule\Zoning\02\bylaw_AM2019_02.mxd Matthew Kevin Tokuc andIskender Tokuc 272505000509700 AM-2019-02 ¹ 5/14/2019 Description:PT TWP LT 97 STAMFORD AS IN RO495717; NIAGARA FALLS NTS R1E 1101 1100R2 Page 369 of 380 CITY OF NIAGARA FALLS By-law No. 2019- A by-law to prohibit certain uses of land in the area of the City of Niagara Falls regulated by Zoning By-law No. 79-200, as amended, Willoughby By-law No. 395/66, as amended, and Crowland By-law No. 1538/1958, as amended. WHEREAS section 38 of the Planning Act provides that where a council of a local municipality has directed, by by-law or resolution, that a review or study be undertaken, the council may pass a by-law (referred to as an interim control by-law) to be in effect for a period of time specified in the by-law, prohibiting the use of land, buildings or structures within the municipality or within a defined area or areas thereof for, or except for, such purposes as are set out in the by-law; AND WHEREAS the Council of the Corporation of the City of Niagara Falls has, by resolution adopted on June 25, 2019, directed that a review or study be undertaken in respect of the land use planning policies and zoning regulations respecting the use of properties that are zoned for the cultivation, production or processing of cannabis. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. No person shall use any land, building or structure within the following areas of the City of Niagara Falls for the cultivation, production or processing of cannabis: Lands zoned as Agricultural, Rural, Open Space, Hazard Land, 1.1 Development Holding or Environmental Protection Area in Zoning By-law No. 79-200, as amended; Lands zoned as Rural or Conservation Open Space in Willoughby By-law 1.2 No. 395/66, as amended; and Lands zoned as Rural Agricultural in Crowland By-law No. 1538/1958, as 1.3 amended. 2. This by-law shall be in effect for a period of one year from June 25, 2019. Read a First, Second and Third time; passed, signed and sealed in open Council this 25th day of June, 2019. ................................................................ ................................................................ WILLIAM G. MATSON, CITY CLERK JAMES M. DIODATI, MAYOR Page 370 of 380 THE CORPORATION OF THE CITY OF NIAGARA FALLS BY-LAW Number 2019 - A by-law to amend By-law No. 89-2000, being a by-law to regulate parking and traffic on City Roads. (Stop Signs at Intersections, Yield Signs at Intersections, Parking Prohibited) --------------------------------------------------------------- The Council of the Corporation of the City of Niagara Falls hereby ENACTS as follows: 1. By-law No. 89-2000, as amended, is hereby further amended (a) by adding to the specified columns of Schedule P thereto the following items: STOP SIGNS AT INTERSECTIONS COLUMN 1 COLUMN 2 INTERSECTION FACING TRAFFIC Church’s Lane & Whirlpool Road Eastbound on Church’s Lane Marco Crescent & Moretta Drive South-eastbound on Marco Crescent Giovina Drive & Emma Street South-westbound on Giovina Drive Page 371 of 380 (b) by removing from the specified columns of Schedule Q thereto the following items: YIELD SIGNS AT INTERSECTIONS COLUMN 1 COLUMN 2 INTERSECTION FACING TRAFFIC Church’s Lane & Whirlpool Road Eastbound on Church’s Lane Marco Crescent & Moretta Drive South-eastbound on Marco Crescent Giovina Drive & Emma Street South-westbound on Giovina Drive c) by adding to the specified columns of Schedule C thereto the following items: PARKING PROHIBITED COLUMN 1 HIGHWAY COLUMN 2 SIDE COLUMN 3 BETWEEN COLUMN 4 TIMES/DAYS Ailanthus Avenue Both A point 45 metres south of Sunnylea Crescent to a point 95 metres south of Sunnylea Crescent At All Times Ailanthus Avenue Both A point 220 metres south of Sunnylea Crescent to a point 260 metres south of Sunnylea Crescent At All Times Ailanthus Avenue Both A point 65 metres north of Frontenac Street to a point 105 north of Frontenac Street At All Times This By-law shall come into force when the appropriate signs are installed. Passed this twenty-fifth day of June, 2019. .......................................................................... ..................................................... WILLIAM G. MATSON, CITY CLERK JAMES M. DIODATI, MAYOR First Reading: June 25, 2019 Second Reading: June 25, 2019 Third Reading: June 25, 2019 Page 372 of 380 CITY OF NIAGARA FALLS By-law No. 2019 - A by-law to designate Blocks 294, 297 and 299-301 (inclusive), Registered Plan 59M- 463, not be subject to part-lot control (PLC-2019-003). WHEREAS subsection 50(7) of the Planning Act, R.S.O. 1990, provides, in part, that the council of a local municipality may by by-law designate lands that would otherwise be subject to part-lot control, not be subject to such part-lot control; AND WHEREAS such by-laws are required under subsection 50(7.1) of the Planning Act to be approved by the appropriate approval authority, that being the Regional Municipality of Niagara as per subsection 51(5) of the Planning Act, subsequently delegated to the City of Niagara Falls by Regional Municipality of Niagara By-law No. 8819-97; AND WHEREAS the said lands are zoned by By-law No. 79-200, as amended by By-law No. 2017-44 to permit on-street townhouse dwelling units; AND WHEREAS the owner of the said lands proposes to divide Blocks 294, 297 and 299-301 (inclusive), into 29 parcels to be sold separately; AND WHEREAS the Council of The Corporation of the City of Niagara Falls deems it expedient to designate that the said lands not be subject to part-lot control. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. That subsection 50(5) of the Planning Act, R.S.O. 1990, not apply to Blocks 294, 297 and 299-301 (inclusive), Registered Plan 59M-463, in the City of Niagara Falls, in the Regional Municipality of Niagara. 2. This by-law shall remain in full force and effect for two years from the date of passage of this by-law, after which time this by-law shall expire and be deemed to be repealed and of no effect. Read a First, Second and Third time; passed, signed and sealed in open Council this 25th day of June, 2019. .......................................................................... ................................................... WILLIAM G. MATSON, CITY CLERK JAMES M. DIODATI, MAYOR S:\PART LOT CONTROL\2019\PLC-003\By-law.docx Page 373 of 380 O_._.<omz_>m>x>m>_._.m m<-_m<<Z0.83I >31¢:8mcEo1NmEmmxmoczoz2ms>mm6:3m2mag>3m:o_Em>m«mm3m3<<_E <m:m1:o<.n.3:5>:E:mon_:o.mag<<:=m__:m>8::mo$En;qmmnmozsoEm mmm_n:3m3ms;m3m:nE,_m39.Emm8::moES_mm2_ommm9mm3m3+2Em:92..:m w?mzozu§.mo». ._._._mOOCZO__:O_u._._.=mOO_»_uON>._._OZon._._.__mO_._.<O.”z_>m>x>_u>_._.m mz>o4m>mmo_._.o<<m” 4.>3>mm6:3m3mag>3m:QEm>©«mm3m3Qm?mg._::mmm.N08.magBmqm _om.2<mm:.:.mOo?o?zozo?EmQ29“z_mom$_um__mmmo_a2_<m:m1:o<._u. Umao_>8::mo~Eo.mm>mw6:o:mag<<EEm>8::mQmEo.mm>mm_©:mm_ ?mmvmoazmEmmmm_m:3m32m_6::moEB_mm2_omm2:Em:m<<Em?mzos u_.o_.mo._8mmEm_.<<_Emsm3m:Q3m28Emo:m_:m_oozqmo?8:mqQ:_o:m_ mm2_omm_mmm:mo:mg:m?m8_a333mvv8<mQmagm:Eo:Nma. N._.:m_<_m<oqmag0.2O_mEm?m:m?m_u<m:Eo1Nma8mxmoc?mEm$5>mm_o:3m3 mag>3m:g_:o>m:mm3m2. w._.:m05O_m1A_m:m?mU<m:Eo1NmQ6maxEmoo€oB»mmmm_Em_.m8man8 %__<9Em$5>mm6:3m:»mam>3m:o__:m>9mm3m3. Emmam_u__.m».wmoosa38..212.:39ummmma.wE=mn_manmmm_maEcum:Oo::n= E_m8;%<3.._::m.M2,... <<=1_:_>_<_O._<_>._.mOZ_O_._.<ormmx,_>_<_mm_<_._u_OU>._.__<_><O_»Page 374 of 380 ._.I_m>mm_mz_<_m_,:.>20>§mzo_zm>mmmm_smza&§_.__._:mNm.BE. mm?zmmzn ._._._mnoauow>.:ozon._.Im 22onz_>m>x>«>5 E5=o__m3J 25 <m2$_zo<._u._u>_/:2>xn_._:m3in. E3=>mm_m:o3 man <<:_:Ezm>xn_.=amQm.29. E6=>mm_m:mmJ E:m=m>w >. U. 16Q33ma:6>mm_w:o_.9.8253.8msmm_.mm3m:...nmnmo.0232MN~39mo«:5 u3<_m_o:3m:..::mnE3_$2§1o:..__mu§.m2n_8o1umgmmz:.E.~8_..u3mmmm_o:m_ mm2_8m:2m29218mama:32.3E6:no:?mn3.. ._.:m553°.yummoim:3:8Emmaa$5no..uoE..._o:8Em>mm_m:mmBa.23 >mm.m=mm:33233..2.5no:c.mn..cmmmm?zmg.8F. :5Qmi:3nozmmimmnoEmmmm?zimia:5>mm._m:o_.»mzmz?manocsmmzosm 25%;?no:.Qmn~3ga>mm.m:m3aa .28n=¢3man:3>mm_m:mm5%:8m3m:o_8.3:.u3<._&o:mo3:m8332. zo<<axmmm?oxm.3oosmam?mzos2:5no<m:m:$Eau_.o<_ao:m5immm«mm3m:.o:5 um?mmmmqmmmm3__o<<m pmamzzmzq H.15>mm.m:o_.:m«mU<mmamzm.2213.$895.man.8_..<m<.n.3:5>mnm:mm_m:9“5 £3.zzm.2.83man333232a8armnoiaoc :5>m2m:mmno<w:m:.Bmammmqmmm3cm«mm_oo:m=u_mn_:mn:<.8:52.9.12m:9.$6 $23.8:&:o:mmagowmmzosm93%»>mw_m:oqSE2.2:...nozimor .26Qminozmmz?noEmmmm.m:3m:.1_63:6>mm_m:o«3:6>mum:mm.Page 375 of 380 >m&m_._3m:..mag>3m:&=m>m«mm3m3..1«.5mmaosx<<::m__:m>qn::mn$ P1.;mmmwms?mzn02593321.»:cmmnumn:.<monEsmN98$.=mmmQ..<mUm?ms. m..2522:man15>mm_m:o«3.3mmmmo:032#9:m____mE=.2no:53:3gammaEm no_._.n$n..mmo?:3mmmn:<mU3?mxnmud3: EE2oca?zazmmaocimE.ogmmaosm<<:_%83nocmE50..a_2_&mm3 :5mmma:<m03m.3..Sin:mun:nm2<2;:825.:52m.8:5Ssmnmag. Em:<m&c.£3m:.n3um<3m3mmmmmn_.Emn_33m0832.3.,3mcmzoa«.12.8 2:.._:n__.a_:mEmm.2mn:<mUm"?..o_.sin::5E33m:m:EmxmEm %_2oEa3m&:m.::m33mnnoamsnm2:::5nosing m.$6>353?mumSm>m&m:mmmn_3o<<_mn_mmSu? Ezo§__..m3:3>mm_m:=._m:~mzmmmzjmx3,:632:.:3:nommm...:6nos?mo? 8m§__a_3.35man 31%>mm_m:3m_:_m33m32832.8<3:m?oomEmmm:m..m_no_#=:o:m9“ :8nosimnr >_<_mzu_<_m_,: u..25n3Si>mm_m_..mmwmwmmE3:5_2.o<_m_o:m2Emnos?mn?mamm3m:n_mammB“:5 mmmzzmca?mm3__o<<mN E>%_m:92::m.83m_§o?m2<_nmm3$98...5om15>m_.mm3m:.n :._.:mmnEEo:m_mmqsnmmammnzvmg33mnco?m%.§_EnmS.Noam. 2_&$§_8:5Q29.z_mmuB.&__m28umumnamzn3.3<<::m=:m >«n:_.8n.G:5.23%_mm?wnsmmmmm%m&__mN... AS2333$5=£3nozimnnUoncamiu%5_a33mccmmnzosPEEQ.2:..._ >mqmm3m3m32e__§&2:_Emo:mm_.__mN.0:08.55.Esm5.BB.m&3m$_3:5Q2o? ,2.max.3.;:3Um_om.d:m3$.03<<_:.nmzm>_.n::mn$_:n. Exmu_mnmmccwmozosmE.83om$23:>Hm§o2:m>m3m3m3<3...“ EwnsmmimN.Dco?m33¢Esm5.~89m%_a.§a3:59.23“ 23%;_um__mI3Umumnami$03<<Z$__:m>_.n::mn.aSn... Em%m%__mH1mcuEm3m:.::<nozaiosmn ,3>m_,mm3m3manmm:mE_nose.95 E.>&2.%H2:.N8z:.E.~o§ A33%.H>.~o.._m._ 3%N9.»Page 376 of 380 >mam:3m2BE>_sm_..&:m>m_\mm3m3I18mS:o:I<<_.:m__:m>_8Z.”mn.G 3>25:>I_uo_.3o..._u3uomm_326>RESn»9:3Esmmm. 85..2.9 Eno:m:_::mammaO<mq<_m<<9:3>«n::.m2%§_Esmw?B5. :592;my»:um<8:5>mm_m:mmW::5_u8<..o:.4:5>n_n::o:m_$2.53 %3__§3M33...»NEm?mmmmm"2.1:mgacaN.2:3:mamami...:3mxomma$5 m3oc:n3m_§<.m_mS.._.IOCm>zU>20mmxazczoxmu_uO_._.>xmG$.mo$Ecm muu__omw_mnmxmm. mm2mx>r m. Ho. 3. HM. cm33:33:5nosqmnn£3.:m<m:6mmamSmmasm32.5>m£m:3m:nEa >3m_3_:m>m«mm:._m:.. .259332.mmmmamzmumamm:_ummn:m:..._<m3m:n_m._.m:m__823.533:318N3 mmmn?Ea:38<m:m:$.no.3.dammagu_.o<Eo:mnoim?ma.2Em9:32mam 81:33. 1.;>mm_m:3m_:mam>3m2=:m>m_.mm3m22;:macaw85m3:3:32:.cmEsaim cue:EmBmvmn .mmn_3_s_m:m8..@mcnommmoamammmmmmzm1mmn:um:<81% >mam:3m:nEa>3m:a3m3Qnos?mov iimmamimsn3m<cm2853man.@222.338::__m9.m_m3o3n:m:w3.mm.o: eaEmumwzmm33$2cue:m:man:38_3=mo_.m_mn:.o:_namzmncqmmmm26cm:En: 3om__.3_mowa_m28_._.nm.m:m.2__,mm<38o_._m_:m_mwmzm?camm..2:m>mEm3m333.cm mxmnima.5325:3332nocz?m?umzm2am__was:oocim?mnmm.;__.W:m:ucauommm. nozmz?zmosmmm8m3m3Ez?zmon?rmumimm. B_m:mE«m3%mo__oE& 3%w93 Page 377 of 380 >mm.m:3m:.nms;>3m:%:m>m«mm3m:.II3maze:1<<_:.8__:m>3::mn.a .2EazmmmEzmzmomEm3&3:m<m250232%mm«mm3m:r 3%a3a ._._._m8a.oz.5._ozon._._._m 9:.onz_>m>x>_u>_.5 vm: E33_<_.2°32._<_m<ox <5E3m.2330:.Q2n_m_._A <mzmz_zo<._u._.>z_n_ >zn:_4mn2zn. .35:male. :29$3.V.vm_.\\+\..\\rI.\$+_ =m<mm:=.o_.=<3E3;:5 8_,uo_.m:o: <<:_._.m_._2m>xn:_:._Q.mzn. :m<=._m_.:_._nr _v..mmEm:» __._m<mm::§.:<3E3.:6 noquoxmzos Page 378 of 380 moxmocrmN 1...m:zm _ >«n_.=mn»m_:n. :3._m_:mm983 _ mynmzalzmm _ 0:310Exmom E8m.$m.88 n=<32.23;3:“12..a2.m:3£:EzmE.83 $8_so..:8:£32 23%;mm__m_oz _.~mNmm >51:3mo::__m_.m__.m95. mm.>.E=_o_..m_union“tn1zmimam93.0:3 N53:Um_.><\>UD_.:Ozomm.o.n.._.Omnoum\zzm>_.>_£S\:35:no.3mm.:—<_>._.m mo=oE_:m9:.«E:cuBmmzsm“.22m2<n.<mm_.%_m<.Eano:E_§_o:2::En3mn§=§_.m_mnc._8_. m:.:nEB_man.n_<__m:m.:mmR:._m=mxm:m_:m...i:w_..R$.Emmmmmmmcm_o<<3..mc_.mm_ao<<:0*:6no:m::m.._n_m >&:_o=u_mB<_nmmnconm3..:53__oE_:m.33».as.o.<mm_.%_~<ozu3_m2no:92_.m.m8_.~u_.o_.mn...3..32%.._:mmunmawmaB3 ->32o:oqm.:mEm:n<oumnmzozmnm::.m.83mo_.._m_:m_mnonm3<<o_.w ->nE:_o:323m_m::m<m3_:33mo_._m.:m_mnoum322..:6._.m..._:__.mn_3.noun. -_u_.o<Emm:.§§.ano:mmzamnm8233.. >m:_.:3m_.<3nom?3_.>&Eo=m__u3Fmm_o:m_mminmm..m_m$._8"Eumnoum2.25.1“mmmo=oEn mmm.2>.EEo:u_>_.n_:~mn~:_.m_mminmm.um$.moo.oo «mm3..>.E=.._o:m_m:m_:mm::mmm2_nmm.:.um~w.~oo.oc «mm3..I3>_w_.3omm?:..$.moo.oo mmm8_..8<Emm...5.32.mam»mm:3m»mEuzoams...m~.moo.oo..um$.moc.8E3ens.._.o..>_.>Rr:mnE_.u_Fm:n_:mm::n$2.8»>%=._o:m_.§........ 2.2.:<o.._m_mS8Beam.5::2%5010in3..:3»<9.32.E_._:m:muu_.o<m_32%mam?<<c12.~m 5::oznozzzcwzozcm:5u_.o_mn.€2225m:3m_m_.3.55.man:E_m_§_3%mmzaaunmmam 8_:_2$3o:muE.o<m_o2:mmx:.mm. Emmmm.3:2_§_sg8S::<o::m<mE:25.33. 52%. Wumum:%§§.S m~m<m:$3.2.>.mn.._.;..mnr:o_cmmm»o>>>m <<::m_L2m>:_.:§:__.n. >E...E<mn_as=.1:.22.322.2.3“>=:::=<_m_n=mEBHo.minim>.::n.._.<_Page 379 of 380 CITY OF NIAGARA FALLS By-law No. 2019 - A by-law to adopt, ratify and confirm the actions of City Council at its meeting held on the 25th day of June, 2019. WHEREAS it is deemed desirable and expedient that the actions and proceedings of Council as herein set forth be adopted, ratified and confirmed by by-law. NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. The actions of the Council at its meeting held on the 25th day of June, 2019 including all motions, resolutions and other actions taken by the Council at its said meeting, are hereby adopted, ratified and confirmed as if they were expressly embodied in this by-law, except where the prior approval of the Ontario Municipal Board or other authority is by law required or any action required by law to be taken by resolution. 2. Where no individual by-law has been or is passed with respect to the taking of any action authorized in or with respect to the exercise of any powers by the Council, then this by-law shall be deemed for all purposes to be the by-law required for approving, authorizing and taking of any action authorized therein or thereby, or required for the exercise of any powers thereon by the Council. 3. The Mayor and the proper officers of the Corporation of the City of Niagara Falls are hereby authorized and directed to do all things necessary to give effect to the said actions of the Council or to obtain approvals where required, and, except where otherwise provided, the Mayor and the Clerk are hereby authorized and directed to execute all documents arising therefrom and necessary on behalf of the Corporation of the City of Niagara Falls and to affix thereto the corporate seal of the Corporation of the City of Niagara Falls. Read a first, second, third time and passed. Signed and sealed in open Council this 25th day of June, 2019. .............................................................. ............................................................. WILLIAM G. MATSON, CITY CLERK JAMES M. DIODATI, MAYOR Page 380 of 380